European Court of Justice (News)

Petruhhin
DISC
A Member State is not required to grant every Union citizen who has moved within its territory the same protection against extradition as that granted to its own nationals

JZ
Area of Freedom, Security and Justice
The Member State that issued a European arrest warrant is required to consider, for the purposes of deducting the period of detention served in the executing Member State, whether the measures taken against the person concerned in the executing State have the effect of depriving a person of liberty

Tomana and Others v Council and Commission
External relations
The Court of Justice confirms the restrictive measures imposed on Johannes Tomana, Attorney-General of Zimbabwe, and 120 other individuals and companies in Zimbabwe

Maschek
Freedom of movement for persons
When he himself puts an end to his employment relationship, a worker is entitled to an allowance if he could not use up all or part of his right to paid annual leave

Kotnik and Others
State aid
The Communication from the Commission on aid to the banking sector is valid

Tele2 Sverige
Approximation of laws
According to Advocate General Saugmandsgaard Øe, a general obligation to retain data imposed by a Member State on providers of electronic communication services may be compatible with EU law

The Court of Justice of the European Union adds its voice to the tributes paid to the victims of the attack of 14 July in Nice

Promoimpresa
Freedom of establishment
EU law precludes concessions for the exercise of tourist and leisure-orientated business activities on State-owned maritime and lakeside property from being extended automatically without any selection procedure for potential candidates

Germany v Commission
State aid
The General Court sets aside the Commission decision ordering Germany to recover from Deutsche Post part of the subsidies paid in respect of former civil servant postal workers’ pensions

Gutiérrez Naranjo
Approximation of laws
According to Advocate General Mengozzi, the temporal limit on the effects of the invalidity of ‘floor’ clauses included in mortgage loan agreements in Spain is compatible with EU law

Bougnaoui and ADDH
Principles of Community law
Advocate General Sharpston considers that a company policy requiring an employee to remove her Islamic headscarf when in contact with clients constitutes unlawful direct discrimination

Genentech
Competition
The beneficiary of a patent licence must pay the agreed royalty even if it does not infringe the patented technology

Tommy Hilfiger Licensing and Others
Approximation of laws
The operator of a physical marketplace may be forced to put an end to trademark infringements committed by market-traders

Solemn undertaking before the Court of Justice of the European Union by new Members of the European Court of Auditors

Future Enterprises v EUIPO - McDonald's International Property (MACCOFFEE)
Intellectual and industrial property
According to the General Court, the repute of McDonald’s trade marks makes it possible to prevent the registration, for foods or beverages, of trade marks combining the prefix ‘Mac’ or ‘Mc’ with the name of a foodstuff or beverage

Kossowski
DFON
Fresh proceedings may be brought against a suspect in a Schengen State where previous criminal proceedings in another Schengen State were terminated without a detailed investigation

Portugal Telecom v Commission
Competition
The General Court confirms the unlawfulness of the clause relating to non-competition between Portugal Telecom and Telefónica in connection with Telefónica’s acquisition of the Brazilian mobile operator Vivo

Commission v Portugal
Law governing the institutions
For having delayed in implementing the Urban Waste Water Directive, Portugal is ordered to pay a lump sum payment of € 3 000 000 and a penalty payment of € 8 000 per day of delay

New Valmar
Freedom of movement for persons
The obligation to draw up cross-border invoices exclusively in a particular language, failing which they are null and void, infringes EU law

Universal Music International Holding
Area of Freedom, Security and Justice
The occurrence of purely financial damage in a Member State does not justify in itself the jurisdiction of the courts of that State