European Court of Justice (News)

Bank Melli Iran
Free movement of capital
Advocate General Hogan: Iranian undertakings may invoke EU law blocking US secondary sanctions before the courts of the Member States

Commission v Greece
State aid
Greece has failed to fulfil its obligations by failing to recover unlawful aid paid to Greek farmers as compensation for adverse weather conditions

Bundesrepublik Deutschland (Notice rouge d’Interpol)
Principles of Community law
The principle prohibiting the duplication of proceedings can preclude the arrest, within the Schengen Area and the European Union, of a person who is the subject of an Interpol notice

Commission v Poland (Régime disciplinaire des juges)
Principles of Community law
Advocate General Tanchev: the Court should rule that the Polish legislation concerning the disciplinary regime for judges is contrary to EU law

Banco de Portugal and Others
DFON
The unconditional recognition of a reorganisation measure regarding a credit institution, having retroactive effect, is contrary to EU law if it means that the client can no longer pursue legal proceedings on the merits against the ‘bridge bank’ to which the liabilities in question were previously transferred

Comité Interprofessionnel du Vin de Champagne
Agriculture and fisheries
Advocate General Pitruzzella: PDO products are protected against all forms of commercial parasitism

X (Mandat d’arrêt européen - Ne bis in idem)
Area of Freedom, Security and Justice
The Court of Justice clarifies the scope of the principle ne bis in idem applicable when executing a European arrest warrant in respect of acts which were previously the subject of a sentence in a third State

Ubezpieczeniowy Fundusz Gwarancyjny
Approximation of laws
The conclusion of a contract of insurance against civil liability in respect of motor vehicles is compulsory where the vehicle concerned is registered in a Member State and has not been officially withdrawn from use

Stadt Karlsruhe (Reconnaissance d’un permis de conduire renouvelé)
Transport
A Member State may refuse to recognise a driving licence that was merely renewed in a Member State after its holder had been prohibited from driving in its territory

Natumi
Agriculture and fisheries
EU law prohibits the addition of the alga Lithothamnium calcareum in the processing of organic foodstuffs such as rice- and soya-based organic drinks for the purpose of their enrichment with calcium

Austrian Airlines
Transport
The mere diversion of a flight to a close-by airport does not grant a right to flat-rate compensation

Chanel v EUIPO - Huawei Technologies (Représentation d'un cercle contenant deux courbes entrelacées)
Intellectual and industrial property
The General Court dismisses the action brought by Chanel against the registration of a Huawei mark on the ground that the figurative marks at issue are not similar

Repubblika
DFON
National provisions of a Member State which confer on the Prime Minister a decisive power in the appointment of members of the judiciary, while providing for the involvement of an independent body responsible for assessing candidates and providing an opinion, are not contrary to EU law

Consorzio Italian Management e Catania Multiservizi and Catania Multiservizi
DFON
Advocate General Bobek: the Court should revisit its case-law (the CILFIT criteria) on the duty of national courts of last instance to request a preliminary ruling

FBF
Law governing the institutions
Advocate General Bobek: The Court should declare the European Banking Authority Guidelines on Product Oversight and Governance Arrangements for Retail Banking Products invalid

Sumal
Competition
According to Advocate General Pitruzzella, a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company in a case where the Commission has imposed a fine solely on that parent company

Stolichna obshtina, rayon "Pancharevo"
Citizenship of the Union
With regard to the recognition in the European Union of the parentage of a child of a married same-sex couple, Advocate General Kokott recommends that a balance be struck between the national identity of the Member States and the right to freedom of movement of the child and of his or her parents

IS (Illégalité de l’ordonnance de renvoi)
Area of Freedom, Security and Justice
According to Advocate General Pikamäe, on the basis of the primacy of EU law, a national judge must disapply any national legislation or judicial practice which undermines its power to refer questions to the Court of Justice

Netherlands v Council and Parliament
Agriculture and fisheries
The Court of Justice dismisses the action brought by the Netherlands against the ban on fishing by vessels using electric pulse trawls

Olympiako Athlitiko Kentro Athinon
SOPO
Public-sector workers placed, in certain circumstances, under the labour reserve system: the Greek legislation is not contrary to EU law