European Court of Justice (News)

Commission v Hungary
Free movement of capital
In cancelling the rights of usufruct over agricultural land in its territory that are held, directly or indirectly, by nationals of other Member States, Hungary has failed to fulfil its obligations arising from the principle of the free movement of capital and the right to property guaranteed by the Charter

Poland v Commission
State aid
The General Court annuls the Commission’s decisions concerning the Polish tax on the retail sector

Moreira v EUIPO - Da Silva Santos Júnior (NEYMAR)
Intellectual and industrial property
The General Court of the EU confirms that registration of the mark ‘NEYMAR’ by a third party is invalid

M, C-77/17 X, C-78/17 X
Area of Freedom, Security and Justice
The provisions of the Refugee Directive relating to the revocation of and refusal to grant refugee status on grounds connected with the protection of the security or the community of the host Member State are valid

CCOO
SOPO
Member States must require employers to set up a system enabling the duration of daily working time to be measured

Praxair MRC
SOPO
The calculation of compensation payments for dismissal and redeployment of an employee who is on part-time parental leave must be carried out on the basis of the full-time salary

Villar Láiz
SOPO
The Spanish legislation on the calculation of retirement pensions for part-time workers is contrary to EU law if it is found to be particularly disadvantageous to female workers

Czech Republic v Parliament and Council
Industrial Policy
Advocate General Sharpston: the Court should dismiss the Czech Republic’s action against EU legislation introducing more stringent rules for the acquisition and possession of firearms

Syndicat des cadres de la sécurité intérieure
Freedom of movement for persons
National legislation may lay down, for the purpose of calculating the average weekly working time, reference periods which start and end on fixed calendar dates

Commission v Poland (Indépendance de la Cour suprême)
Principles of Community law
Advocate General Tanchev: the Court should rule that the provisions of Polish legislation relating to the lowering of the retirement age for Supreme Court judges are contrary to EU law

All European Final of the European Moot Court Competition takes place at the Court of Justice of the European Union in Luxembourg on 5 April

Verkehrsbetrieb Hüttebräucker and BVR Busverkehr Rheinland
Transport

Germanwings
Transport
An air carrier is only required to compensate passengers for a delay of three hours or more where an aircraft tyre is damaged by a screw lying on the runway if it fails to prove that it deployed all means at its disposal for limiting the delay of the flight

Germany v Commission
State aid
The Court of Justice annuls the Commission decision stating that the German law on renewable energy of 2012 (the EEG 2012) involved State aid

Commission v Spain (Article 260, paragraphe 3, TFUE - Crédits immobiliers résidentiels)
Environment and consumers
Advocate General Tanchev: The Court of Justice should find that Spain failed to adopt the necessary laws to comply with the directive on credit agreements for consumers relating to residential immovable property

slewo
Environment and consumers
Consumers’ right of withdrawal from online purchases applies to mattresses from which the protective film has been removed after delivery

SM (Enfant placé sous kafala algérienne)
Citizenship of the Union
A minor in the guardianship of a citizen of the EU under the Algerian kafala system cannot be regarded as a ‘direct descendant’ of that citizen

Spain v Parliament
Staff Regulations of Officials
Differences of treatment based on language are, in principle, not allowed in the procedures for selecting staff for the EU institutions.

Judicial statistics 2018: the Court of Justice and the General Court establish record productivity with 1,769 cases completed

Falck Rettungsdienste and Falck
Freedom of establishment
Public procurement rules do not apply to services for the transport of patients provided, in emergency situations, by non-profit organisations or associations