European Court of Justice (News)

Entry into office of a new Advocate General at the Court of Justice

Centraal Israëlitisch Consistorie van België and Others
Agriculture and fisheries
AG Hogan proposes that the Flemish Law prohibiting slaughter of animals without stunning including those subject to particular methods of slaughter prescribed by religious rites is not permitted under EU law

VG Bild-Kunst
Freedom of establishment
According to Advocate General Szpunar, the embedding in a webpage of works from other websites by means of automatic links (inline linking) requires the authorisation of the holder of the rights in those works

Star Taxi App
Approximation of laws
According to Advocate General Szpunar, a service that puts taxi passengers directly in touch, via an electronic application, with taxi drivers constitutes an Information Society service

Slovenia v Commission
Agriculture and fisheries
The General Court dismisses Slovenia’s action for annulment of the delegated regulation pursuant to which the designation ‘Teran’ may be used on the labels of Croatian wines

Wagenknecht v European Council
Own resources of the Communities
The General Court dismisses an action seeking a declaration that the European Council unlawfully refused to exclude the Czech Prime Minister, on the basis of an alleged conflict of interest, from the meetings of that institution concerning the adoption of the Multiannual Financial Framework of the European Union 2021/2027

Région de Bruxelles-Capitale v Commission
Agriculture and fisheries
Advocate General Bobek argues in favour of a more open interpretation of the criteria of direct concern

YouTube
Freedom of establishment
According to Advocate General Saugmandsgaard Øe, as EU law currently stands, online platform operators, such as YouTube and Uploaded, are not directly liable for the illegal uploading of protected works by the users of those platforms

Belgian State (Regroupement familial - Enfant mineur)
Area of Freedom, Security and Justice
The date to be taken into account, in order to determine whether a family member of a sponsor is a ‘minor child’ is the date of submission of the application for entry and residence

Presidenza del Consiglio dei Ministri
Area of Freedom, Security and Justice
Member States must grant compensation to all victims of violent intentional crime, including to those victims residing in their own territory

AFMB and Others
Social security for migrant workers
The employer of drivers of heavy goods vehicles employed in international longdistance transport is the transport undertaking that has actual authority over those drivers, that bears, in reality, the cost of their wages and that has actual power to dismiss them

Commission v Romania (Lutte contre le blanchiment de capitaux)
Own resources of the Communities
Romania and Ireland are ordered to pay the Commission a lump sum of €3,000,000 and €2,000,000 respectively

Facebook Ireland and Schrems
Approximation of laws
The Court of Justice invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield

Ireland v Commission
State aid
The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple

Banca Transilvania
Approximation of laws
A contractual term which has not been negotiated but which reflects a rule that, under national law, applies between parties provided that no other arrangements have been established in that respect, falls outside the scope of EU law on unfair terms in consumer contracts

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