European Court of Justice (News)

Broadcast by streaming of hearings and the handing down of judgments and opinions of the Court of Justice

C-476/20 Cirsa Italia, C-477/20 Codere Network, C-478/20 Gamenet, C-479/20 NTS Network,
Freedom of establishment
Slot machines: According to Advocate General Rantos, the fight against the risks associated with gambling addiction may justify a reduction in the commission and fees payable to licence holders

Google (Déréférencement d’un contenu prétendument inexact)
DFON
According to Advocate General Pitruzzella, a request for de-referencing on the basis of information alleged to be false requires the operator of the search engine to carry out the checks which fall within its specific capacities

Fuhrmann-2
Approximation of laws
Contract by electronic means: in order to be validly bound by such a contract, consumers must clearly understand on the basis only of the words appearing on the ordering button that as soon they click on that button they will be under an obligation to pay

United Airlines
Transport
Passengers of a delayed flight may claim compensation from a non-EU air carrier where that carrier operates the entirety of the flight on behalf of an EU carrier

Commissioner of the Garda Síochána e.a
Approximation of laws
The Court confirms that EU law precludes the general and indiscriminate retention of traffic and location data relating to electronic communications for the purposes of combating serious crime

Procureur général près la cour d'appel d'Angers
DFON
Advocate General Rantos: the executing judicial authority may not refuse to execute a European arrest warrant on the ground that some of the various acts punishable as a single offence in the issuing Member State are not punishable under the criminal law of the executing Member State

Lombard Lízing
Approximation of laws
Loans denominated in foreign currencies: a non-binding opinion of a supreme court, indicating to the lower courts the approach to take in declaring a consumer contract valid where that contract cannot continue to exist as a result of the unfairness of a term relating to the main subject-matter of that contract, is not sufficient to ensure that the persons harmed by that term are fully protected

CTS Eventim
Environment and consumers
Online purchase of tickets for cultural or sporting events: the Court of Justice specifies the cases in which there is no right of withdrawal

RT France v Council
Opération militaire en Ukraine : le président du Tribunal rejette la demande de RT France visant à suspendre les sanctions adoptées par le Conseil

T 324/17 SAS Cargo Group and Others v Commission, T 325/17 Koninklijke Luchtvaart Maatschappij v Commission, T 326/17 Air Canada v Commission, T 334/17 Cargolux Airlines v Commission, T 337/17 Air France-KLM v Commission, T 338/17 Air France v Commission, T 340/17 Japan Airlines v Commission, T 341/17 British Airways v Commission, T 342/17 Deutsche Lufthansa and Others v Commission, T 343/17 Cathay Pacific Airways v Commission, T 344/17 Latam Airlines Group and Lan Cargo v Commission, T 350/17 Singapore Airlines and Singapore Airlines Cargo v Commission
Competition
Cartel on the airfreight market: the General Court rules on actions brought by multiple airlines

Getin Noble Bank
Approximation of laws
The mere fact that a judge was appointed at a time when that judge's Member State was not a democratic regime does not affect the independence and impartiality of that judge

Austro-Mechana
Freedom of establishment
The ‘private copying’ exception under the Copyright Directive applies to the storage in the cloud of a copy of a protected work for private purposes

Upfield Hungary
Agriculture and fisheries
The list of ingredients of a food containing a vitamin is not required to mention the specific vitamin formulation used

bpost, Nordzucker e.a
DFON
Duplication of proceedings and penalties of a criminal nature in competition law: the Court specifies the protection against double jeopardy provided by EU law

Prokurator Generalny (Chambre disciplinaire de la Cour suprême - Nomination)
Principles of Community law
The Court declares inadmissible the request for a preliminary ruling from a Polish court, asking whether EU law confers on it the power, which it does not have under Polish law, to find that a judge's service relationship does not exist due to irregularities vitiating the instrument of his appointment

Commission v Denmark (AOP Feta)
Agriculture and fisheries
Advocate General Ćapeta: by failing to stop the use by Danish producers of the registered name ‘Feta’ for cheese intended for export to third countries, Denmark has failed to fulfil its obligations under EU law

MEKH v ACER
Energy
The General Court declares inapplicable the provisions of Regulation 2017/459 relating to the process for the creation of incremental capacity for gas transmission

Autorité des marchés financiers
Freedom of establishment
Freedom of the press: the disclosure by a journalist of inside information relating to the forthcoming publication of an article reporting rumours concerning companies listed on the stock exchange is lawful where it is necessary for the purpose of carrying out a journalistic activity and respects the principle of proportionality

ˮGrossmaniaˮ
Free movement of capital
Persons deprived of their rights of usufruct over agricultural land in Hungary in breach of EU law must be able to claim the reinstatement of those rights in the land register or compensation