European Court of Justice (News)

Poland v Commission
Advocate General Kokott: No penalty payment for Poland due to lignite mining in Turów

Katholische Schwangerschaftsberatung
Advocate General Medina: The dismissal of an employee by a Catholic organisation for leaving the Catholic Church may amount to discrimination on grounds of religion

Meta Platforms Ireland
State aid
Advocate General Szpunar: Member States may adopt support measures to ensure the effectiveness of the rights of press publishers provided that such measures do not undermine freedom of contract

Rugu
Area of Freedom, Security and Justice
Advocate General Rantos: a Member State which refuses to execute a European arrest warrant on account of the conditions of detention in the issuing Member State is required to order the execution, on its own territory, of the sentence imposed in the issuing Member State

Kaili v Parliament
Access to documents: the General Court annuls the decision of the Parliament refusing to grant its former Vice-President, Ms Eva Kaili, access to certain documents

sprd.net v EUIPO
The sign in itself cannot be registered as an EU trade mark for clothes like t-shirts

Spin Master Toys UK v EUIPO - Verdes Innovations
EU trade marks: the General Court confirms the annulment of trade marks consisting of the shape of the ‘Rubik’s cube’

Fritz Egger and Others v ECHA
The decision of the European Chemicals Agency identifying melamine as a substance with probable serious effects on human health and the environment is upheld

Gotek
Taxation
Nine months after jurisdiction to rule on references for a preliminary ruling was conferred on it, the General Court of the European Union delivers its first preliminary ruling

Wiszkier
Bankrupt consumer: the bankruptcy court must be able to examine ex officio whether contractual terms are unfair

Al Nasiria
Area of Freedom, Security and Justice
International protection: Greek legislation obliging an applicant for international protection to appear in person at the hearing to examine his or her appeal and providing for a presumption that an appeal has been improperly brought in the event of non-compliance with that obligation is contrary to EU law

Ferrari v EUIPO - Hesse (TESTAROSSA)
European Union trade marks: the General Court annuls the decisions revoking Ferrari’s rights in the word mark TESTAROSSA for certain goods, including cars, parts and accessories, and scale models of cars

Brasserie Nationale and Munhowen v Commission
Competition
Merger control: the General Court upholds the Commission’s decision to examine, at the request of Luxembourg, the acquisition of Boissons Heintz by Brasserie Nationale (Munhowen)

Commission v Spain
State aid
The Court of Justice confirms annulment of the Commission decision declaring unlawful the Spanish tax scheme on the deduction for indirect acquisitions of shareholdings in foreign companies

SALUS
Approximation of laws
A medicinal herbal tea classified as a traditional herbal medicinal product cannot, in principle, be marketed with the organic logo

EVH v Commission
Competition
The Court of Justice confirms, as previously done so by the General Court, the Commission’s approval of the acquisition of certain E.ON generation assets by RWE

Comité interprofessionnel du vin de Champagne and INAO v EUIPO - Nero Lifestyle (NERO CHAMPAGNE)
Nero CHAMPAGNE cannot be registered as an EU trade mark for wine bearing the protected designation of origin ‘Champagne’

Ryanair v Commission (Condor II ; COVID-19)
State aid
The General Court dismisses Ryanair’s action against the Commission’s approval of the COVID-19 aid granted by Germany to Condor for 2020

GR REAL
Consumer protection and the requirement of effective judicial protection mean that consumers must be able, under certain conditions, to challenge the lawfulness of the transfer of ownership to a third party following the enforcement of a mortgage on their family home

Sanofi Pasteur
Environment and consumers
Liability for Vaccines: AG Medina suggests that the unconditional application of a ten-year expiry period in the case of progressive injuries is contrary to the Charter