European Court of Justice (News)

Direktor na Glavna direktsia "Natsionalna politsia" pri MVR - Sofia
Area of Freedom, Security and Justice
Right to erasure: the general and indiscriminate storage of biometric and genetic data of persons convicted of criminal offences, until their death, is contrary to EU law

Landeshauptmann von Wien
Area of Freedom, Security and Justice
A recognised unaccompanied minor refugee has the right to family reunification with his or her parents even if he or she reached the age of majority during the family reunification procedure

Bundesrepublik Deutschland
Area of Freedom, Security and Justice
Advocate General Medina: Member States are not bound to recognise refugee status granted in another Member State

Audi
Intellectual and industrial property
European Union trade mark: a car manufacturer can prohibit the use of a sign identical or similar to the trade mark it owns for spare parts

Laudamotion
Transport
Passengers who did not present themselves for boarding for a flight which arrived with a long delay or who purchased a ticket for an alternative flight and arrived at the destination with a delay of less than three hours are not entitled to fixed compensation

Delta-Sport Handelskontor v EUIPO - Lego
Intellectual and industrial property
Intellectual property: the General Court of the European Union upholds the validity of the protection of the Lego toy brick

Ligue des droits humains
Processing of personal data: decisions taken by a supervisory authority in the context of the indirect exercise of the rights of the data subject are legally binding

NC
A change in the holder of a Spanish notarial practice may constitute a transfer of an undertaking

Bundesamt für Fremdenwesen und Asyl and Others
Area of Freedom, Security and Justice
According to Advocate General Jean Richard de la Tour, the discriminatory measures adopted against Afghan women by the Taliban regime amount, on account of their cumulative effect, to persecution

Commission v Ireland and Others
State aid
According to Advocate General Pitruzzella, the judgment of the General Court on ‘tax rulings’ adopted by Ireland in relation to Apple should be set aside

Commission v Sweden
Approximation of laws
Failure of a Member State to fulfil obligations: Sweden is ordered to pay € 8 500 000 for late transposition of the amended Firearms Directive

Všeobecná úverová banka
Unfair term in a consumer credit contract secured by the family home: the court must assess the proportionality between the seller or supplier’s power to demand the whole of the loan and the seriousness of the consumer’s non-compliance

Gesamtverband Autoteile-Handel
Approximation of laws
Car manufacturers must make vehicle identification numbers available to independent operators

Google Ireland and Others
Freedom of establishment
Combating illegal content on the Internet: a Member State may not subject a communication platform provider established in another Member State to general and abstract obligations

Mazepin v Council
External relations
War in Ukraine: the General Court confirms that the funds of Mr Dmitry Arkadievich Mazepin must remain frozen

Sattvica v EUIPO - Maradona and Others (DIEGO MARADONA)
Intellectual and industrial property
Legal battle over the DIEGO MARADONA trade mark: the General Court of the European Union confirms the EUIPO’s refusal to register the transfer of that trade mark in favour of the Argentine company Sattvica

Sofatutor
Approximation of laws
The consumer’s right to withdraw from an initially free and automatically extended subscription made via distance contract is guaranteed only once

Ascenza Agro and Industrias Afrasa v Commission
Agriculture and fisheries
The General Court dismisses the action against the non-renewal of the approval of the active substance chlorpyrifos-methyl, used in plant protection products

Information

La Quadrature du Net and Others
Approximation of laws
Advocate General Szpunar: the retention of, and access to, civil identity data linked to the IP address used should be allowed in cases where those data are the only means of investigation that make it possible to identify the perpetrators of copyright infringements committed exclusively on the internet