European Court of Justice (News)

Transportes Aéreos Portugueses
Transport
The unruly behaviour of an air passenger may constitute an ‘extraordinary circumstance’ capable of exempting the carrier from its obligation to pay compensation for the cancellation or long delay of the flight concerned or of a subsequent flight operated by that carrier using the same aircraft

Commission v Dôvera zdravotná poistʼovňa
State aid
The Court of Justice upholds the decision of the Commission according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid

Lundbeck v Commission
Competition
Advocate General Kokott proposes that the Court of Justice should uphold the fine of almost €94 million imposed on the Lundbeck pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram

CK Telecoms UK Investments v Commission
Competition
The General Court annuls the Commission’s decision to block the proposed acquisition of Telefónica UK by Hutchison 3G UK in the sector of the mobile telephony market

Council v K. Chrysostomides & Co. and Others
Law governing the institutions
According to Advocate General Pitruzella, the Courts of the European Union do not have jurisdiction to hear actions for damages brought against the Euro Group

Hungary v Parliament and Council
Advocate General Sánchez-Bordona proposes that the Court of Justice should dismiss the actions for annulment brought by Hungary and Poland against the Directive strengthening posted workers’ rights

Nord Stream 2 v Parliament and Council
Energy
The General Court of the European Union declares that the actions brought by Nord Stream AG and Nord Stream 2 AG against Directive 2019/692, which extends certain rules of the internal market in natural gas to pipelines from third countries, are inadmissible

Presidenza del Consiglio dei Ministri
Area of Freedom, Security and Justice
Advocate General Bobek: Member States must grant compensation to any victim of a violent intentional crime, regardless of his or her residence

Országos Idegenrendeszeti Főigazgatóság Dél-alföldi Regionális Igazgatóság
Area of Freedom, Security and Justice
The placing of asylum seekers or third-country nationals who are the subject of a return decision in the Röszke transit zone at the Serbian-Hungarian border must be classified as ‘detention’

Volotea v Commission
State aid
The General Court dismisses the actions against the Commission decision declaring illegal the aid from Italy to several airlines serving Sardinia

Press release following the judgment of the German Constitutional Court of 5 May 2020

Austria v Commission
State aid
Advocate General Hogan: the Court should reject Austria’s appeal in UK State Aid Case

Rina
Area of Freedom, Security and Justice
The victims of the sinking of a vessel, which sailed under the flag of Panama, may bring an action for damages before the Italian courts against the Italian organisations which classified and certified that vessel

CLCV and Others (Dispositif d’invalidation sur moteur diesel)
Environment and consumers
According to Advocate General Sharpston, a device that adjusts upwards the operation of the emission control system of diesel engine vehicles during the approval testing of those vehicles is a ‘defeat device’ prohibited by EU law

Készenléti Rendőrség
Freedom of movement for persons
The Working Time Directive applies to officers of the Hungarian Rapid Intervention Police responsible for surveillance of the external borders of the Schengen Area in the context of the migration crisis

Istituto nazionale della previdenza sociale
DISC
The Italian tax regime resulting from the Italian-Portuguese double taxation convention does not infringe the principles of freedom of movement and non-discrimination

Blue Air - Airline Management Solutions
Area of Freedom, Security and Justice
A passenger’s denied boarding on the ground that he presented allegedly inadequate travel documentation does not, in itself, deprive the passenger from protection under the Regulation on compensation and assistance to air passengers

Continuity of the European public administration of justice: the Court of Justice of the European Union provides for hearings to resume from 25 May 2020

Országos Idegenrendeszeti Főigazgatóság Dél-alföldi Regionális Igazgatóság
Area of Freedom, Security and Justice
According to Advocate General Pikamäe, the accommodation of asylum seekers in the Röszke transit zone at the Hungarian-Serbian border must be classified as ‘detention’

Ryanair
Transport
Air carriers must indicate, from the first time their price offers are published on the internet, the VAT on domestic flights and the fees charged for paying by credit card