European Court of Justice (News)

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

Ryanair v Commission
State aid
The deferral of the payment of taxes introduced by France to support airlines which hold a French licence amid the Covid-19 pandemic is consistent with EU law

Ryanair v Commission
State aid
The loan guarantee scheme put in place by Sweden to support airlines holding a Swedish operating licence amid the Covid-19 pandemic and intended to remedy the serious disturbance to the economy of that Member State is compatible with EU law

Katoen Natie Bulk Terminals and General Services Antwerp
Freedom of establishment
Legislation which reserves dock work to recognised workers may be compatible with EU law if it is aimed at ensuring safety in port areas and preventing workplace accidents.

FIGC and Consorzio Ge.Se.Av.
Freedom of establishment
A national sports federation, such as the Italian Football Federation, may be subject to the rules on the award of public contracts if it pursues activities of general interest not having an industrial or commercial character

Fussl Modestraße Mayr
Freedom of establishment
The prohibition on broadcasting advertising only at regional level within the framework of German television programmes broadcast at national level could be contrary to European Union law

Commission v Hungary (Valeurs limites - PM10)
Environment and consumers
Hungary has infringed the rules of EU law on ambient air quality

Consob
Freedom of establishment
Natural persons who are subject to an administrative investigation for insider dealing have the right to remain silent when their answers might establish their liability for an offence that is punishable by administrative sanctions of a criminal nature, or their criminal liability