European Court of Justice (News)

Jurisdiction to hear and determine questions referred for a preliminary ruling is conferred on the General Court of the European Union in six specific areas

Perle
Area of Freedom, Security and Justice
Authorisation to reside on the territory of a Member State for the purposes of studies: a Member State may reject an abusive application for authorisation, even if it has not correctly transposed the directive that provides for that option

Banco BPN v BIC Português and Others
Competition
The exchange of information over a period of more than ten years between 14 credit institutions in Portugal could constitute a restriction of competition by object

Ryanair and Laudamotion v Commission
State aid
COVID-19: the Court of Justice confirms the lawfulness of the subordinated loan of €150 million granted by Austria to Austrian Airlines in the summer of 2020

FTI Touristik
Area of Freedom, Security and Justice
A consumer having booked a trip abroad may sue the organiser before the court of the place of his or her domicile

HDI Global
Approximation of laws
Covid-19: the security against a package travel organiser’s insolvency also applies where the traveller has cancelled the trip, prior to the insolvency, due to unavoidable and extraordinary circumstances

Belgian Association of Tax Lawyers and Others
Taxation
Combating aggressive tax planning: the Court upholds the validity of various provisions of the EU directive

ASCEL
Environment and consumers
The wolf cannot be designated as a huntable species at regional level when its conservation status at national level is unfavourable

Alchaster
Arrest warrants issued by the United Kingdom: the Court clarifies the conditions under which they may be executed in the European Union

Valančius
Law governing the institutions
Appointment of EU Judges: A Member State may propose, from among the candidates named on a list drawn up by a national group of independent experts, a candidate other than the best-ranked candidate on that list, provided that the candidate proposed satisfies the requirements laid down by the Treaties

CU
Area of Freedom, Security and Justice
Social assistance: access for third-country nationals who are long-term residents to a social security, social assistance or social protection measure cannot be made conditional on the requirement of having resided in a Member State for at least 10 years

Bytedance v Commission
Approximation of laws
Digital Markets Act: The General Court dismisses the action brought by Bytedance (TikTok) against the decision of the Commission designating it as a gatekeeper

Auken and Others v Commission
Law governing the institutions
The Commission did not give the public sufficiently wide access to the purchase agreements for Covid-19 vaccines

Plamaro
Approximation of laws
The collective redundancies directive also applies in the event of the employer’s retirement

WWF Österreich and Others
Environment and consumers
The prohibition of hunting wolves in Austria is valid

Hann-Invest
Law governing the institutions
Rule of law: only the judicial panel responsible for a case can decide its outcome

Caixabank and Others
Approximation of laws
Mortgage loans: the transparency of ‘floor’ clauses may be reviewed in the context of a collective action concerning the entire banking system of a country

Haus Jacobus
A pregnant worker must be afforded a reasonable time limit in order to be able to bring an action against her dismissal

Lupin v Commission
Competition
The Court of Justice rules on the existence of agreements, decisions and concerted practices and of abuse of a dominant position on the perindopril market

Ilva and Others
Environment and consumers

The operation of the Ilva steelworks must be suspended if it poses serious and significant threats to the environment and human health