European Court of Justice (News)

Commission v Italy (Aides illégales au secteur hôtelier en Sardaigne)
State aid
Italy is ordered to pay pecuniary penalties for failing to recover aid unlawfully granted to the hotel industry in Sardinia

Lintner
Environment and consumers
A court before which a consumer claims that certain contractual terms are unfair is required to review, of its own motion, other terms of the contract insofar as they are connected to the subject matter of the dispute before it

Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Intellectual and industrial property
The Court of Justice sets aside the judgment of the General Court according to which the collective mark HALLOUMI, reserved for Cypriot cheesemakers, does not preclude the sign ‘BBQLOUMI’ from being registered as a European Union trade mark for cheese of a Bulgarian producer

Commission v Hungary (Enseignement supérieur)
Freedom of establishment
In the opinion of Advocate General Kokott, Hungary must treat foreign and national higher education institutions equally

Junqueras i Vies v Parliament
Law governing the institutions
The Vice-President of the General Court of the European Union dismisses the application of Mr Junqueras i Vies for interim measures

X (Mandat d'arrêt européen - Double incrimination)
Area of Freedom, Security and Justice
In order to ascertain whether the European arrest warrant against a person convicted in Spain for the offence of glorification of terrorism and humiliation of the victims of terrorism must be executed without examining whether that offence is punishable also in Belgium, the Belgian courts must take into account the length of the sentence imposed by the Spanish law applicable to the acts committed

Gómez del Moral Guasch
Approximation of laws
The Spanish courts must verify that the contractual term in mortgage loan agreements providing for the application of a variable interest rate based on the index of the Spanish savings banks is plain and intelligible

Google Ireland
DISC
The system of penalties relating to the Hungarian tax on advertising is not compatible with EU law

Vodafone Magyarország
State aid
The special taxes levied in Hungary on the turnover of telecommunications operators and of undertakings in the retail trade sector are compatible with EU law

Cases brought before the Court of Justice: new practice directions to parties

Commission v Greece (Pollution par les nitrates)
Environment and consumers
Greece is ordered to pay a lump sum of 3.5 million euros for having been slow in implementing EU law on the protection of waters against pollution caused by nitrates from agricultural sources

Constantin Film Produktion v EUIPO
Intellectual and industrial property
EUIPO must give a fresh decision on the application made by Constantin Film for registration of the sign Fack Ju Göhte as an EU trade mark

Flightright
Area of Freedom, Security and Justice
Where journeys with a confirmed single booking comprise of several connecting flights operated by separate air carriers, compensation for the cancellation of the final leg of the journey may be sought before the courts of the place of departure of the first leg

Solemn undertaking before the Court of Justice of the European Union given by two new Members of the European Court of Auditors and the European Ombudsman

Anglo Austrian AAB Bank and Belegging-Maatschappij "Far-East" v ECB

The President of the General Court dismisses the application by Anglo Austrian AAB Bank for temporary suspension of the withdrawal of its banking authorisation

TÜV Rheinland LGA Products and Allianz IARD
DISC
Advocate General Bobek: The civil liability insurance of breast implant producer PIP could validly be limited to women who underwent surgery in France

Generálny riaditeľ Sociálnej poisťovne Bratislava
Social security for migrant workers
National legislation which restricts the grant of a benefit introduced for top-level sportspersons to citizens of the Member State concerned is an impediment to freedom of movement for workers

Uniwersytet Wrocławski v REA
Research, information, education, statistics
The General Court erred in law in holding that the existence of a contract for the provision of lecturing services between a party and its lawyer infringes the requirement for a legal representative before the Courts of the European Union to be independent

The Court of Justice takes formal notice of the United Kingdom’s withdrawal from the European Union

Slovenia v Croatia
Principles of Community law
The Court of Justice of the European Union lacks jurisdiction to rule on a border dispute between Slovenia and Croatia, but those two Member States are required, under Article 4(3) TEU, to strive sincerely to bring about a definitive legal solution to the dispute consistent with international law