European Court of Justice (News)

thyssenkrupp v Commission
Competition
The General Court upholds the Commission’s decision prohibiting the proposed merger between thyssenkrupp and Tata Steel

Porr Bau
Environment and consumers
According to Advocate General Medina, uncontaminated top-quality excavated soil supplied by a construction undertaking to local farmers for improving the cultivation land may not constitute ‘waste’ under EU law

Commission v Slovakia (Protection du Grand tétras)
Environment and consumers
Protection of the capercaillie (Tetrao urogallus) and the Natura 2000 areas hosting the habitat of that wild bird: the Court finds that Slovakia has infringed the Habitats Directive and the Birds Directive

Volvo and DAF Trucks
Competition
The Court specifies the temporal scope of the rules governing the limitation period for bringing an action for damages for infringements of competition law and of the rules governing the quantification of the harm resulting from such infringements and the rebuttable presumption relating to the existence of harm resulting from a cartel

Visite à la Cour de justice de l'Union européenne de S. Exc. Mme Katerina Sakellaropoulou, présidente de la République Hellénique

Ligue des droits humains
PDON
The Court considers that respect for fundamental rights requires that the powers provided for by the PNR Directive be limited to what is strictly necessary

London Steam-Ship Owners’ Mutual Insurance Association
Area of Freedom, Security and Justice
The Prestige sinking: The arbitration proceedings initiated in the United Kingdom cannot block the recognition of the Spanish judgment ordering the insurer to pay compensation for the damage caused by the oil spill

Junqueras i Vies v Parliament
Law governing the institutions
According to Advocate General Szpunar, the appeal brought by Mr Junqueras i Vies against the order of the General Court of the European Union delivered on 15 December 2020 must be dismissed

Draft modernised Energy Charter Treaty: Belgium’s request for an Opinion is inadmissible on account of its premature nature.

Commission v Austria (Indexation des prestations familiales)
Social security for migrant workers
The adjustment of family allowances and of various tax advantages granted by Austria to workers according to their children’s State of residence is contrary to EU law

C-698/19 P & Sony Optiarc and Sony Optiarc America v Commission, C-699/19 P & Quanta Storage v Commission and C-700/19 P & Toshiba Samsung Storage Technology and Toshiba Samsung Storage Technology Korea v Commission
Competition
Cartel on the market for optical disk drives: the Court partially annuls the decision of the Commission but upholds the amounts of the fines imposed.

Qualcomm v Commission
Competition
Abuse of dominance on the LTE chipsets market: the General Court annuls the Commission decision imposing on Qualcomm a fine of approximately €1 billion

Préfet du Gers and Institut National de la Statistique and des Études Économiques
DGEN
Consequences of Brexit: British nationals who used to enjoy the rights attached to European citizenship no longer benefit, after the withdrawal of the United Kingdom from the European Union, from the right to vote and to stand as a candidate in municipal elections in their Member State of residence

Apple v EUIPO - Swatch (THINK DIFFERENT)
Intellectual and industrial property
Apple and Swatch ‘THINK DIFFERENT’

Louboutin (Usage d’un signe contrefaisant sur un marché en ligne)
Intellectual and industrial property
Online sale of counterfeit Louboutin high-heel shoes: according to Advocate General Szpunar, the specific features of Amazon’s business practices do not support the finding that a sign has been used within the meaning of EU law

Get Fresh Cosmetics
Approximation of laws
Effervescent bath bombs: Member States may, under certain conditions, restrict the distribution of cosmetic products which, because they have the appearance of foodstuffs, may be mistaken for foodstuffs and cause health risks

Daimler (Responsabilité des constructeurs de véhicules munis de dispositifs d’invalidation)
Environment and consumers
Unlawful defeat devices in diesel vehicles: Advocate General Rantos considers that the purchaser of a vehicle equipped with such a device must have a right to compensation against the vehicle manufacturer

FCC Česká republika
Environment and consumers
The mere extension of the duration of the operation of waste disposal at a landfill does not constitute a substantial change to the operating permit

HK v Danmark and HK/Privat
Principles of Community law
An age limit laid down in the statutes of an organisation of workers for eligibility to stand as sector convenor of that organisation falls within the scope of the ‘Anti-Discrimination’ directive

Prigozhin v Council
External relations
The General Court confirms the restrictive measures adopted by the Council against the Russian businessman Yevgeniy Viktorovich Prigozhin, in view of the situation in Libya