European Court of Justice (News)

Valcheva
Area of Freedom, Security and Justice
Advocate General Szpunar proposes that the Court of Justice rules that in matters of parental responsibility rights of access include the rights of access of grandparents

Infineon Technologies v Commission
Competition
In the context of the cartel in the smart card chip market, Advocate General Wathelet proposes that the Court should set aside the judgment handed down by the General Court against Infineon Technologies and refer the case back to the General Court

PPC Power
Environment and consumers
EU law precludes a Slovak tax on the value of sold or unused greenhouse gas emission allowances at a rate of 80%

Swedish Match
Law governing the institutions
Advocate General Saugmandsgaard Øe proposes that the Court hold that the prohibition on the placing on the market of snus is valid

A and S
Area of Freedom, Security and Justice
An unaccompanied minor who attains the age of majority during the asylum procedure retains their right to family unification

Uber France
Approximation of laws
Member States may prohibit and punish, as a matter of criminal law, the illegal exercise of transport activities in the context of the UberPop service, without notifying the Commission in advance of the draft legislation laying down criminal penalties for the exercise of such activities

Banger
Citizenship of the Union
Advocate General Bobek: where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the citizen’s non-EU partner with whom he has created or strengthened family ties in another Member State

Pisciotti
DISC
A Member State is not required to extend a prohibition on the extradition of its own nationals to the United States to every EU citizen travelling in its territory

Judicial statistics 2017: the number of cases brought has once again exceeded 1 600

De Capitani v Parliament
Law governing the institutions
The European Parliament must in principle grant access, on specific request, to documents relating to ongoing trilogues

Menci
DFON
The ‘ne bis in idem’ principle may be limited for the purpose of protecting the financial interests of the EU and the financial markets thereof

La Mafia Franchises v EUIPO - Italie (La Mafia SE SIENTA A LA MESA)
Intellectual and industrial property
The mark ‘La Mafia se sienta a la mesa’ is contrary to public policy

Blanco Marqués
Social security for migrant workers
The pension supplement granted in Spain to workers suffering from total permanent incapacity is compatible with the receipt of a retirement pension from another Member State or from Switzerland

Crocs v EUIPO - Gifi Diffusion (Chaussures)
Intellectual and industrial property
The General Court confirms the cancellation of registration of Crocs’ design because it was made available to the public before its registration

TestBioTech v Commission
Environment and consumers
The General Court annuls the decision whereby the Commission rejected an application for review of the marketing authorisation granted to products containing genetically modified soybeans

Cinkciarz.pl v EUIPO (€$)
Intellectual and industrial property
The General Court of the European Union annuls the refusal to register, as an EU trade mark, a figurative mark including the currency symbols ‘€’ and ‘$’

SNCF Mobilités v Commission
State aid
France must recover over € 642 million (excluding interest) in State aid granted to the company Sernam

flightright
Area of Freedom, Security and Justice
An airline which operated only the first leg of a connecting flight in one Member State can be sued before the courts of the final destination in another Member State for compensation for delays

Shoe Branding Europe v EUIPO - adidas (Position de deux bandes parallèles sur une chaussure)
Intellectual and industrial property
adidas may oppose the registration, as an EU trade mark, of two parallel stripes on shoes

John
SOPO
The extension of a contract of employment beyond the normal retirement age may be of limited duration