European Court of Justice (News)

PGNiG Supply & Trading v Commission
Energy
The President of the General Court rejects the applications for a stay of execution of the Commission’s decision that 50% of the transport capacities of the OPAL gas pipeline are to be subject to a bidding procedure

Badica and Kardiam v Council
External relations
The General Court upholds the decision freezing the funds of the Badica and Kardiam companies in the Central African ‘conflict diamonds’ case

Erzberger
DISC
The German Law on employee participation is compatible with EU law

Commission v Breyer
Law governing the institutions
The Commission cannot refuse access to written submissions of the Member States held by it, on the sole ground that they are documents relating to court proceedings

BASF Grenzach v ECHA
Research, information, education, statistics
The President of the General Court dismisses BASF Grenzach's application for interim measures regarding triclosan, a preservative for cosmetic products

Bolagsupplysningen and Ilsjan
Area of Freedom, Security and Justice
Advocate General Bobek considers that a company alleging that its personality rights have been infringed by the publication of information on the internet can take legal action in the Member State where it has its centre of interests for the entirety of the harm claimed

Commission v Spain
Freedom of establishment
Spain is ordered to pay a lump sum of €3 million because of its delay in liberalising the port cargo-handling services sector

France v Commission
State aid
The Court confirms that the capital injection and the privatisation measures adopted by France in favour of SNCM constitute unlawful State aid incompatible with the internal market

Air Berlin
Transport
Cancellation fees charged by airline companies may be assessed for unfairness

Toshiba v Commission
Competition
The Court upholds the €61.44 million fine imposed on Toshiba (of which €4.65 million jointly and severally with Mitsubishi) for its participation in the gas insulated switchgear cartel

Fries
Transport
The age limit of 65 years laid down in EU law for pilots of commercial aircraft transporting passengers, cargo or mail is valid

Uber France
Approximation of laws
According to Advocate General Szpunar, Member States may prohibit and punish, as a matter of criminal law, the illegal exercise of transport activities in the context of the UberPop service, without notifying the Commission of the draft law in advance

Congregación de Escuelas Pías Provincia Betania
State aid
Tax exemptions for the Catholic Church in Spain may constitute unlawful State aid if and to the extent to which they are granted for economic activities

Farrell
Approximation of laws
Advocate General Sharpston clarifies the criteria for determining what is an ‘emanation of the State’ for the purposes of establishing the bodies against which an individual may bring a claim based on rights under an EU directive which has not been transposed correctly into national law

Unibet International
Freedom to provide services
The Hungarian legislation on the authorisation of online games of chance is not compatible with the principle of the freedom to provide services

Federatie Nederlandse Vakvereniging and Others
SOPO
Employees’ rights in the event of transfers of undertakings may be maintained where a ‘pre-pack’ is put into effect following insolvency

Martinez Silva
Area of Freedom, Security and Justice
A national of a non-EU country holding a single work permit in a Member State enjoys, as a general rule, the social security benefits provided for nationals of that State

W and Others
Approximation of laws
Where there is a lack of scientific consensus, the proof of the defect of the vaccine and of a causal link between the defect and the damage suffered may be made out by serious, specific and consistent evidence

Mengesteab
Area of Freedom, Security and Justice
Advocate General Sharpston considers that an applicant for international protection can challenge a Member State’s decision to transfer him to another Member State on the basis that the ‘take charge request’ sent by the first Member State was not made within the time limits set out under EU law

Stichting Brein
Freedom of establishment
Making available and managing an online platform for sharing copyright-protected works, such as ‘The Pirate Bay’, may constitute an infringement of copyright