European Court of Justice (News)

Judicial statistics 2022: proceedings marked by the major issues facing today’s world (the rule of law, the environment, the protection of privacy in the digital era and so forth) and by the restrictive measures adopted by the European Union in the context of the war in Ukraine

Bank M. (Conséquences de l’annulation du contrat)
Approximation of laws
Advocate General Collins: after the annulment of a mortgage loan agreement due to unfair terms, consumers may assert claims against banks that go beyond reimbursement of monetary consideration; banks may not

China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v Commission
External relations
Anti-Dumping Challenge: Advocate General Medina suggests the Court should recognise the legal standing of the China Chamber of Commerce as a representative association

Asociaţia "Forumul Judecătorilor din România"
Principles of Community law
Advocate General Emiliou: a procedure for promotion of judges based on an assessment of their work and conduct by a board composed of the President and judges of the relevant higher court is compatible with EU law

Chief Appeals Officer and Others
Principles of Community law
Advocate General Ćapeta: an EU mobile worker’s mother can claim a social benefit without this calling into question her right of residence

Lufthansa Technik AERO Alzey
Area of Freedom, Security and Justice
The Court clarifies the concept of ‘exceptional circumstances’ permitting the competent judicial authority to stay the enforcement of a judgment certified as a European Enforcement Order

Rzecznik Praw Dziecka and Others (Suspension de la décision de retour)
EU law precludes national authorities being able, without needing to provide justification, to obtain the suspension of a final decision requiring the return of a child

HYA and Others (Motivation des autorisations des écoutes téléphoniques)
Approximation of laws
A decision authorising telephone tapping need not contain individualised reasons

Tráficos Manuel Ferrer
Competition
Actions for damages in respect of infringements of competition law: the relevant EU law does not preclude a national rule according to which, in the event that the claim is upheld in part, costs are to be borne by each party, who therefore bears half of the common costs

Commission v Italy
Law governing the institutions
The Court of Justice confirms the unlawfulness of two EPSO notices of competition restricting the choice of the second language to English, French or German

Belaeronavigatsia v Council
External relations
The General Court confirms the restrictive measures adopted against a State-owned enterprise managing the airspace in Belarus

Spain v Commission
State aid
State aid: the Court annuls in part the Commission’s decision on the ‘Spanish Tax Lease System’

Freikirche der Siebenten-Tags-Adventisten in Deutschland
Public subsidies paid to denominational private schools may be reserved for churches and religious societies recognised by the Member State concerned

Puig Gordi and Others
Area of Freedom, Security and Justice
An executing judicial authority may not, in principle, refuse to execute a European arrest warrant on the basis that the court called upon to try the requested person in the issuing Member State does not have jurisdiction to do so

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

Inspecţia Judiciară
External relations
Judicial Disciplinary Bodies: according to Advocate General Collins, EU law precludes national legislation making the Deputy Chief Inspector responsible for overseeing the investigation of complaints against the Chief Inspector

Ministerstvo na vatreshnite raboti () and génétiques par la police)
Principles of Community law
The systematic collection of biometric and genetic data of any accused person in order for them to be entered in a police record is contrary to the requirement of ensuring enhanced protection with regard to the processing of sensitive personal data

De Capitani v Council
Law governing the institutions
The Council must grant access to documents drawn up within its working groups relating to the legislative procedure concerning the amendment of the directive on the annual financial statements

Unilever Italia Mkt. Operations
Competition
Abuse of a dominant position: exclusivity clauses in distribution contracts must be capable of having exclusionary effects

CIHEF and Others
Approximation of laws
The level of harmonisation achieved at EU level by the Biocidal Products Regulation does not prevent Member States from adopting restrictive rules on the promotion of sales of those products