European Court of Justice (News)

X (Mandat d’arrêt européen - Ne bis in idem)
Area of Freedom, Security and Justice
The Court of Justice clarifies the scope of the principle ne bis in idem applicable when executing a European arrest warrant in respect of acts which were previously the subject of a sentence in a third State

Austrian Airlines
Transport
The mere diversion of a flight to a close-by airport does not grant a right to flat-rate compensation

Chanel v EUIPO - Huawei Technologies (Représentation d'un cercle contenant deux courbes entrelacées)
Intellectual and industrial property
The General Court dismisses the action brought by Chanel against the registration of a Huawei mark on the ground that the figurative marks at issue are not similar

Repubblika
DFON
National provisions of a Member State which confer on the Prime Minister a decisive power in the appointment of members of the judiciary, while providing for the involvement of an independent body responsible for assessing candidates and providing an opinion, are not contrary to EU law

Consorzio Italian Management e Catania Multiservizi and Catania Multiservizi
DFON
Advocate General Bobek: the Court should revisit its case-law (the CILFIT criteria) on the duty of national courts of last instance to request a preliminary ruling

FBF
Law governing the institutions
Advocate General Bobek: The Court should declare the European Banking Authority Guidelines on Product Oversight and Governance Arrangements for Retail Banking Products invalid

Sumal
Competition
According to Advocate General Pitruzzella, a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company in a case where the Commission has imposed a fine solely on that parent company

Stolichna obshtina, rayon "Pancharevo"
Citizenship of the Union
With regard to the recognition in the European Union of the parentage of a child of a married same-sex couple, Advocate General Kokott recommends that a balance be struck between the national identity of the Member States and the right to freedom of movement of the child and of his or her parents

IS (Illégalité de l’ordonnance de renvoi)
Area of Freedom, Security and Justice
According to Advocate General Pikamäe, on the basis of the primacy of EU law, a national judge must disapply any national legislation or judicial practice which undermines its power to refer questions to the Court of Justice

Netherlands v Council and Parliament
Agriculture and fisheries
The Court of Justice dismisses the action brought by the Netherlands against the ban on fishing by vessels using electric pulse trawls

W. Ż. () and des affaires publiques de la Cour suprême - nomination)
Principles of Community law
Advocate General Tanchev: two newly-created chambers of the Polish Supreme Court are liable to fail the requirements established by EU law in a situation where the judges concerned were appointed to those positions in flagrant breach of the national laws applicable to judicial appointments to that court

Sun Pharmaceutical Industries and Ranbaxy (UK) v Commission
Competition
The Court of Justice dismisses the appeals of a number of manufacturers of medicines involved in an agreement seeking to delay the marketing of the generic antidepressant citalopram

Carvalho and Others v Parliament and Council
Environment and consumers
The Court of Justice confirms that the action brought by families from the European Union, Kenya and Fiji against the EU ‘climate package’ of 2018 is inadmissible

Deutsche Telekom v Commission
Competition
The Court of Justice dismisses the appeals lodged by Slovak Telekom and Deutsche Telekom against the judgments of the General Court relating to anticompetitive practices on the Slovak telecommunications market

Lego v EUIPO - Delta Sport Handelskontor (Élément de construction d'une boîte de jeu de construction)
Intellectual and industrial property
EUIPO erroneously declared invalid a design of a brick of a LEGO toy building set

NAMA and Others
Approximation of laws
EU law precludes a national practice by which a candidate excluded from a public procurement procedure may rely, in that candidate’s appeal against the decision to admit the bid of another tenderer, only on the infringement of the principle of equality in the assessment of bids

Prefettura Ufficio territoriale del governo di Firenze
SOPO
Lorry, motor coach and bus drivers who, during an inspection, do not produce the record sheets for the tachograph relating to the current day and the previous 28 days are subject to a single penalty, irrespective of the number of missing record sheets

MCP
Area of Freedom, Security and Justice
The jurisdiction of the court of a Member State that is seised of an action relating to parental responsibility cannot be based on Article 10 of the Brussels II bis Regulation in a case of abduction of a child to a third State

Airhelp
Transport
A strike organised by a trade union of the staff of an air carrier that is intended in particular to secure pay increases does not fall within the concept of an ‘extraordinary circumstance’ capable of releasing the airline from its obligation to pay compensation for cancellation or long delay in respect of the flights concerned

Germany v Poland
Energy
According to Advocate General Campos Sánchez-Bordona, the principle of energy solidarity can be used to review the lawfulness of acts of the EU institutions in energy-related matters