European Court of Justice (News)

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

TofuTown.com
Agriculture and fisheries
Purely plant-based products cannot, in principle, be marketed with designations such as ‘milk’, ‘cream’, ‘butter’, ‘cheese’ or ‘yoghurt’, which are reserved by EU law for animal products

Menini and Rampanelli
Approximation of laws
EU law does not preclude national legislation which provides that, in disputes involving consumers, mandatory mediation should take place before any court proceedings

The Gibraltar Betting and Gaming Association Limited and The Queen
Freedom to provide services
The principle of freedom to provide services guaranteed by EU law does not apply between Gibraltar and the UK

Entry into office of a new Member at the General Court of the European Union

King
Freedom of movement for persons
Advocate General Tanchev considers that it is incompatible with EU law to require a worker to take leave first before being able to establish whether he is entitled to be paid for it

Dextro Energy v Commission
Environment and consumers
The Court confirms that a number of health claims relating to glucose cannot be authorised

A.S.
Area of Freedom, Security and Justice
In the exceptional circumstances of the refugee crisis, Advocate General Sharpston considers that the Member States in which applications for international protection were first lodged are responsible for examining those applications

Lounes
Citizenship of the Union
According to Advocate General Bot, a non-EU national may benefit from a right of residence in the Member State in which his EU citizen family member resided before acquiring the nationality of that Member State and developing a family life there

Makhlouf v Council
External relations
The General Court confirms that the fund-freezing measures imposed on Rami Makhlouf, cousin of Bashar al-Assad, must be maintained for the period 20162017

Berlioz Investment Fund
DFON
The courts of one Member State may review the legality of requests for tax information sent by another Member State

The free trade agreement with Singapore cannot, in its current form, be concluded by the European Union alone
The free trade agreement with Singapore cannot, in its current form, be concluded by the European Union alone

Landeskreditbank Baden-Württemberg v ECB
Economic policy
The EU General Court dismisses the action brought by the Landeskreditbank Baden-Württemberg against its being under the direct supervision of the ECB

Krijgsman
Transport
An air carrier which is unable to prove that a passenger was informed of the cancellation of his flight more than two weeks before the scheduled time of departure is required to pay compensation to that passenger

Krijgsman
Transport
An air carrier which is unable to prove that a passenger was informed of the cancellation of his flight more than two weeks before the scheduled time of departure is required to pay compensation to that passenger

Asociación Profesional Elite Taxi
Freedom of establishment
According to Advocate General Szpunar, the Uber electronic platform, whilst innovative, falls within the field of transport: Uber can thus be required to obtain the necessary licences and authorisations under national law

Asociación Profesional Elite Taxi
Freedom of establishment
According to Advocate General Szpunar, the Uber electronic platform, whilst innovative, falls within the field of transport: Uber can thus be required to obtain the necessary licences and authorisations under national law

Efler and Others v Commission
Law governing the institutions
The General Court annuls the Commission decision refusing the registration of the proposed European citizens’ initiative ‘Stop TTIP’

Efler and Others v Commission
Law governing the institutions
The General Court annuls the Commission decision refusing the registration of the proposed European citizens’ initiative ‘Stop TTIP’