European Court of Justice (News)

Shindler and Others v Council
Law governing the institutions
Brexit: the application for annulment of the decision authorising the opening of Brexit negotiations, brought by thirteen British citizens who live in EU Member States other than the UK, is inadmissible

Meeting of Judges of the Member States at the Court of Justice of the European Union

Saleh Thabet v Council
External relations
The General Court upholds the Council’s decision to freeze the assets of members of the Mubarak family, on the basis of judicial proceedings relating to misappropriation of Egyptian State funds

Novartis Farma
Approximation of laws
The reimbursement by a national healthcare insurance system of a medicinal product for a use not covered by its marketing authorisation (off-label use) is not contrary to EU law

Associação Peço a Palavra and Others
Freedom of establishment
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that the requirements of the Portuguese Government in relation to the reprivatisation of TAP constitute a justified restriction on the freedom of establishment, with the exception of the obligation to maintain and develop the national hub

Commission v Council (AMP Antarctique)
Law governing the institutions
Decisions adopted in the context of the international treaties relating to the preservation and conservation of living resources in Antarctica must be adopted jointly by the EU and the Member States who are parties to those treaties

Tempus Energy and Tempus Energy Technology v Commission
State aid
The General Court annuls the Commission’s decision not to raise objections to the aid scheme establishing a capacity market in the UK

Kuhn
Area of Freedom, Security and Justice
The ‘Brussels Ia’ Regulation is not applicable in determining which Member State’s courts have jurisdiction to rule on claims brought against the Greek State by an individual holding Greek sovereign bonds following their forced exchange in 2012

Verbraucherzentrale Baden-Württemberg
Transport
Air carriers who do not express air fares for intra-Community flights in euros are required to indicate those fares in a local currency objectively linked to the service offered

Deutsche Telekom v Commission
State aid
The General Court upholds the decisions of the European Commission classifying the Spanish tax scheme for the amortisation of ‘financial’ goodwill as State aid incompatible with the internal market

Memoria and Dall'Antonia
Freedom of establishment
The Italian legislation prohibiting private companies from performing an activity of safekeeping of cinerary urns is contrary to EU law

Milivojević
Area of Freedom, Security and Justice
Advocate General Tanchev proposes that the Court should rule that a national law that allows loan contracts concluded with foreign lenders who were not authorised to provide credit services in that country to be retroactively annulled is contrary to EU law when the same law does not apply to Croatian lenders

Commission v Greece
State aid
Advocate General Tanchev proposes that the Court should rule that a national law that allows loan contracts concluded with foreign lenders who were not authorised to provide credit services in that country to be retroactively annulled is contrary to EU law when the same law does not apply to Croatian lenders

Levola Hengelo
Freedom of establishment
The taste of a food product is not eligible for copyright protection

Čepelnik
Freedom of establishment
Legislation of a Member State under which a recipient of services can be ordered to suspend payments and to pay a security to guarantee payment of a possible fine which might be imposed on the provider of services, established in another Member State, for an infringement of the labour law of the first Member State is contrary to EU law

Mad Dogg Athletics v EUIPO - Aerospinning Master Franchising (SPINNING)
Intellectual and industrial property
The General Court annuls EUIPO’s decision revoking the rights of the proprietor of the EU trade mark SPINNING

Dyson v Commission
Energy
The General Court annuls the regulation on the energy labelling of vacuum cleaners

Commission v Hungary
Freedom of establishment
The exclusive operation of a national mobile payment system by an undertaking controlled by the Hungarian State is contrary to EU law

Scuola Elementare Maria Montessori v Commission
State aid
The Court annuls the Commission’s decision not to order recovery of unlawful aid granted by Italy in the form of an exemption from municipal tax on real property

Kreuziger
Freedom of movement for persons
A worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave