European Court of Justice (News)

Federatie Nederlandse Vakbeweging
Freedom of establishment
The directive concerning the posting of workers in the framework of the provision of services is applicable to the transnational provision of services in the road transport sector

Openbaar Ministerie (Faux en écritures)
Area of Freedom, Security and Justice
Public prosecutors in the Netherlands do not constitute an ‘executing judicial authority’ in connection with the execution of a European arrest warrant, given that they may be subject to instructions in specific cases from the Netherlands Minister for Justice

Wikingerhof
Area of Freedom, Security and Justice
A hotel using the platform Booking.com may, in principle, bring proceedings against Booking.com before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position

Minister van Buitenlandse Zaken
Area of Freedom, Security and Justice
A Member State which adopts a decision refusing a ‘Schengen’ visa because of an objection raised by another Member State must indicate, in that decision, the identity of the Member State concerned and the specific ground for refusal based on that objection, accompanied, where appropriate, by the reasons for that objection

Bundesamt für Migration und Flüchtlinge () and asile)
Area of Freedom, Security and Justice
In the context of the civil war in Syria, there is a strong presumption that refusal to perform military service there is connected to a reason which may give rise to entitlement to recognition as a refugee

B S and C A (Commercialisation du cannabidiol - CBD)
Agriculture and fisheries
A Member State may not prohibit the marketing of cannabidiol (CBD) lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds

Association One Voice and Ligue pour la protection des oiseaux
Environment and consumers
In the opinion of Advocate General Juliane Kokott, the hunting of thrushes and blackbirds using limes, which is authorised in southern France, may be compatible with the EU Birds Directive if it is of significant cultural importance and if all other conditions placed on a derogation from the general prohibition are fulfilled

Bundesrepublik Deutschland (Notice rouge d’Interpol)
Principles of Community law
Advocate General Bobek: The prohibition of double jeopardy applicable to the Schengen area may also bar extradition to a third State

Lietuvos geležinkeliai v Commission
Competition
The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market

Syndicat CFTC
SOPO
A national collective agreement may reserve to mothers alone an additional maternity leave

Openbaar Ministerie (Indépendance de l’autorité judiciaire d’émission)
Area of Freedom, Security and Justice
AG Campos Sánchez-Bordona: the worsening of the generalised deficiencies affecting judicial independence in Poland do not justify the automatic non-execution of every European Arrest Warrant issued by that Member State

Orange Romania
Approximation of laws
A contract for the provision of telecommunications services containing a clause stating that the customer has consented to the collection and storage of his or her identity document cannot demonstrate that that customer has validly given his or her consent where the box referring to that clause has been ticked by the data controller before the contract was signed

Commission v Italy (Valeurs limites - PM10)
Environment and consumers
Italy has infringed EU law on ambient air quality

Veselības ministrija
Social security for migrant workers
The refusal by a patient’s Member State of affiliation to grant prior authorisation for the reimbursement of cross-border healthcare costs when effective hospital treatment is available in that Member State but the method of treatment used is against the insured person’s religious beliefs brings about a difference in treatment indirectly based on religion

Commission v Italy and Others
State aid
According to Advocate General Tanchev, the Court should dismiss the appeal of the Commission against the judgment of the General Court on support measures adopted by an Italian consortium of banks for the benefit of one of its members

Bundesrepublik Deutschland (Détermination des taux des péages pour l'utilisation d'autoroutes)
Taxation
Traffic police-related costs cannot be taken into account in the calculation of tolls for the use of the trans-European road network by heavy goods vehicles

Commission v Poland
According to Advocate General Kokott, the Polish tax on the retail sector and the Hungarian advertisement tax do not infringe EU State aid rules

Junqueras i Vies v Parliament
Law governing the institutions
Le pourvoi contre l’ordonnance du vice-président du Tribunal rejetant la demande de référé de M. Junqueras i Vies est aussi rejeté

Crown Van Gelder
Freedom of establishment
A customer may submit a complaint against the operator of the national grid following a power failure

Union des industries de la protection des plantes
Approximation of laws
France validly informed the Commission of the need to take measures intended, in particular, to protect bees