European Court of Justice (News)

Commission v Czech Republic
Citizenship of the Union
Citizenship of the Union: denying EU citizens residing in a Member State of which they are not nationals the right to become a member of a political party infringes EU law

NetCologne v Commission
Competition
Merger control: the General Court upholds the Commission decision authorising Vodafone’s acquisition of Liberty Global’s telecommunications activities in Germany, the Czech Republic, Hungary and Romania

Administration of the State Border Guard Service of Ukraine v EUIPO (RUSSIAN WARSHIP, GO F**K YOURSELF)
Intellectual and industrial property
Intellectual property: the figurative sign consisting of the phrase ‘RUSSIAN WARSHIP, GO F* *K yourself’ in Russian and English cannot be registered as an EU trade mark

Chiquita Brands v EUIPO - Compagnie financière de participation
Intellectual and industrial property
The General Court confirms that Chiquita Brands’s blue and yellow oval is not eligible for protection as an EU trade mark in respect of fresh fruits

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

Kinsa
Facilitation of unauthorised entry carried out for a humanitarian purpose: Advocate General Richard de la Tour finds that Directive 2002/90 validates, and clarifies the conditions for, the criminalisation of that offence in EU law and national law

Facilitation of unauthorised entry carried out for a humanitarian purpose: Advocate General Richard de la Tour finds Directive 2002/90 valid and clarifies the conditions for the criminalisation of that offence in EU law and national law

Burdene
Area of Freedom, Security and Justice
Compensation to victims of violent intentional crime: the automatic exclusion of certain family members of the victim of homicide does not guarantee ‘fair and appropriate’ compensation

Wizz Air Hungary v Commission (TAROM II; Covid-19)
State aid
State aid: the General Court dismisses an action brought by Wizz Air in respect of aid granted by Romania to national airline TAROM in order to provide compensation for the damage suffered owing to the COVID-19 pandemic

Jurisdiction to hear and determine questions referred for a preliminary ruling is conferred on the General Court of the European Union in six specific areas

Perle
Area of Freedom, Security and Justice
Authorisation to reside on the territory of a Member State for the purposes of studies: a Member State may reject an abusive application for authorisation, even if it has not correctly transposed the directive that provides for that option

Banco BPN v BIC Português and Others
Competition
The exchange of information over a period of more than ten years between 14 credit institutions in Portugal could constitute a restriction of competition by object

Ryanair and Laudamotion v Commission
State aid
COVID-19: the Court of Justice confirms the lawfulness of the subordinated loan of €150 million granted by Austria to Austrian Airlines in the summer of 2020

FTI Touristik
Area of Freedom, Security and Justice
A consumer having booked a trip abroad may sue the organiser before the court of the place of his or her domicile

HDI Global
Approximation of laws
Covid-19: the security against a package travel organiser’s insolvency also applies where the traveller has cancelled the trip, prior to the insolvency, due to unavoidable and extraordinary circumstances

Belgian Association of Tax Lawyers and Others
Taxation
Combating aggressive tax planning: the Court upholds the validity of various provisions of the EU directive

ASCEL
Environment and consumers
The wolf cannot be designated as a huntable species at regional level when its conservation status at national level is unfavourable

Alchaster
Arrest warrants issued by the United Kingdom: the Court clarifies the conditions under which they may be executed in the European Union

Valančius
Law governing the institutions
Appointment of EU Judges: A Member State may propose, from among the candidates named on a list drawn up by a national group of independent experts, a candidate other than the best-ranked candidate on that list, provided that the candidate proposed satisfies the requirements laid down by the Treaties

CU
Area of Freedom, Security and Justice
Social assistance: access for third-country nationals who are long-term residents to a social security, social assistance or social protection measure cannot be made conditional on the requirement of having resided in a Member State for at least 10 years

Bytedance v Commission
Approximation of laws
Digital Markets Act: The General Court dismisses the action brought by Bytedance (TikTok) against the decision of the Commission designating it as a gatekeeper