European Court of Justice (News)

Krajowa Rada Sądownictwa (Maintien en fonctions d’un juge)
Law governing the institutions
Advocate General Athanasios Rantos doubts whether the mechanism whereby the KRS authorises Polish judges to continue to hold judicial office beyond retirement age offers sufficient guarantees of independence

MÁV-START
Daily rest is additional to weekly rest even when it directly precedes the latter

Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass Industry v Commission
External relations
A subsidy granted by China can be attributed to Egypt as the country of origin or export of a product subject to countervailing measures

Fenix International
Taxation
Online platforms and VAT collection: the Council did not exceed the limits of its implementing power in specifying that the operator of a platform, such as Only Fans, is presumed to be the supplier of the services provided

Bank M. (Conséquences de l’annulation du contrat)
Approximation of laws
Advocate General Collins: after the annulment of a mortgage loan agreement due to unfair terms, consumers may assert claims against banks that go beyond reimbursement of monetary consideration; banks may not

China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v Commission
External relations
Anti-Dumping Challenge: Advocate General Medina suggests the Court should recognise the legal standing of the China Chamber of Commerce as a representative association

Asociaţia "Forumul Judecătorilor din România"
Principles of Community law
Advocate General Emiliou: a procedure for promotion of judges based on an assessment of their work and conduct by a board composed of the President and judges of the relevant higher court is compatible with EU law

Chief Appeals Officer and Others
Principles of Community law
Advocate General Ćapeta: an EU mobile worker’s mother can claim a social benefit without this calling into question her right of residence

Lufthansa Technik AERO Alzey
Area of Freedom, Security and Justice
The Court clarifies the concept of ‘exceptional circumstances’ permitting the competent judicial authority to stay the enforcement of a judgment certified as a European Enforcement Order

Rzecznik Praw Dziecka and Others (Suspension de la décision de retour)
EU law precludes national authorities being able, without needing to provide justification, to obtain the suspension of a final decision requiring the return of a child

HYA and Others (Motivation des autorisations des écoutes téléphoniques)
Approximation of laws
A decision authorising telephone tapping need not contain individualised reasons

Tráficos Manuel Ferrer
Competition
Actions for damages in respect of infringements of competition law: the relevant EU law does not preclude a national rule according to which, in the event that the claim is upheld in part, costs are to be borne by each party, who therefore bears half of the common costs

Commission v Italy
Law governing the institutions
The Court of Justice confirms the unlawfulness of two EPSO notices of competition restricting the choice of the second language to English, French or German

Belaeronavigatsia v Council
External relations
The General Court confirms the restrictive measures adopted against a State-owned enterprise managing the airspace in Belarus

Austrian Power Grid and Others v ACER
Energy
The Court confirms the enhanced powers of the European Union Agency for the Cooperation of Energy Regulators (ACER) to take individual decisions on cross-border issues

UniCredit Bank Austria
Approximation of laws
The consumer’s right, in the event of early repayment of his or her mortgage credit, to a reduction in the total cost of the credit does not include costs that are not dependent on the duration of the agreement

Carpatair v Commission
State aid
The General Court annuls the decision of the European Commission approving Romanian aid to Timișoara International Airport in favour of Wizz Air

Aquind and Others v Commission
Internal energy market and Union list of projects of common interest: General Court dismisses the Aquind group’s action

Confédération paysanne and Others (Mutagenèse aléatoire in vitro)
Approximation of laws
Techniques of genetic modification: the Court specifies the status of in vitro random mutagenesis having regard to the GMO Directive

Spain v Commission
State aid
State aid: the Court annuls in part the Commission’s decision on the ‘Spanish Tax Lease System’