European Court of Justice (News)

Istanbul Convention

Advocate General Hogan proposes that the Court hold that although the EU has signed the Istanbul Convention, the Council is entitled to wait, without however being forced to do so, for the common agreement of all Member States to be bound by that convention before deciding whether and to what extent the EU will accede to it.

VG Bild-Kunst
Freedom of establishment
Where the copyright holder has adopted or imposed measures to restrict framing, the embedding of a work in a website page of a third party, by means of that technique, constitutes making available that work to a new public

Radiotelevizija Slovenija (Période d’astreinte dans un lieu reculé)
SOPO
A period of stand-by time according to a stand-by system is not, in its entirety, working time unless the constraints imposed on the worker very significantly affect his or her ability to manage, during that period, his or her free time

Despite the unprecedented constraints linked to the pandemic situation, the Court of Justice of the European Union maintained a high level of activity in 2020

Euro Box Promotion and Others
Law governing the institutions
According to Advocate General Bobek, decisions of a constitutional court declaring unlawful the composition of panels of a supreme court on the ground that the right to an independent and impartial tribunal has been infringed and declaring unconstitutional the technical surveillance measures in criminal proceedings by domestic intelligence service are compatible with EU law

Commission v Fútbol Club Barcelona
State aid
The Court of Justice sets aside the judgment of the General Court by which the Commission’s decision classifying as State aid the tax scheme of four Spanish professional football clubs had been annulled

A.B. and Others (Nomination des juges à la Cour suprême - Recours)
Law governing the institutions
Successive amendments to the Polish Law on the National Council of the Judiciary which have the effect of removing effective judicial review of that council’s decisions proposing to the President of the Republic candidates for the office of judge at the Supreme Court are liable to infringe EU law

Commission v Italy and Others
State aid
The Court of Justice dismisses the appeal brought by the Commission against the judgment of the General Court concerning the measures adopted by a consortium of Italian banks to support one of its members

Prokuratuur (Conditions d’accès aux données relatives aux communications électroniques)
Approximation of laws
Access, for purposes in the criminal field, to a set of traffic or location data in respect of electronic communications, allowing precise conclusions to be drawn concerning a person’s private life, is permitted only in order to combat serious crime or prevent serious threats to public security

Entry into office of a new Member of the General Court of the European Union

Commission v Hungary
Area of Freedom, Security and Justice
According to Advocate General Rantos, by imposing criminal penalties on organising activities intended to enable persons to initiate the international protection procedure who do not fulfil the national criteria for the grant of that protection, Hungary has failed to fulfil its obligations under EU law

ClientEarth v Commission
Research, information, education, statistics
In the opinion of Advocate General Juliane Kokott, the Commission’s decision refusing to review the authorisation of the plasticiser DEHP (bis(2ethylhexyl) phthalate) should be annulled

WABE
SOPO
According to Advocate General Rantos, an employer can authorise, as part of a policy of neutrality, the wearing by its employees of small-scale religious signs

Commission v Spain (Directive données à caractère personnel - Domaine pénal)
Area of Freedom, Security and Justice
On account of its ongoing failure to transpose a directive and to notify transposition measures, Spain is ordered to pay a lump sum of € 15 million and a daily penalty payment of € 89 000

Slovak Telekom
Competition
Slovak Telekom, found liable by the Commission for abuse of a dominant position on the market for certain telecommunications services, could also be subject to sanctions imposed by the Slovak authorities for such abuse on the market for other telecommunications services

Caisse pour l'avenir des enfants
SOPO
A Member State cannot make entitlement to parental leave subject to the requirement that the parent was employed at the time of the birth or adoption of the child

Les Chirurgiens-Dentistes de France and Others
Freedom of movement for persons
Member States may authorise partial access to one of the professions covered by the mechanism for the automatic recognition of professional qualifications, which include certain healthcare professions

Dalli v Commission
Law governing the institutions
The Court confirms the dismissal of the action brought by the former European Commissioner John Dalli

Silcompa
Approximation of laws
Lorsqu’un produit soumis à accise, tel que l’alcool, est exporté irrégulièrement au sein de l’Union, les décisions des autorités des États membres concernés ne peuvent pas aboutir à un double recouvrement des droits correspondants

MCP
Area of Freedom, Security and Justice
According to Advocate General Rantos, the courts of a Member State have jurisdiction in a parental dispute in the case where a child, who was habitually resident in that Member State, is wrongfully removed to a non-Member State where he or she acquires habitual residence