European Court of Justice (News)

RS (Effet des arrêts d’une cour constitutionnelle)
Law governing the institutions
EU law precludes a national rule under which national courts have no jurisdiction to examine the conformity with EU law of national legislation which has been held to be constitutional by a judgment of the constitutional court of the Member State

Hungary v Parliament and Council, C-157/21 Poland v Parliament and Council
Principles of Community law
Measures for the protection of the Union budget: the Court of Justice, sitting as a full Court, dismisses the actions brought by Hungary and Poland against the conditionality mechanism which makes the receipt of financing from the Union budget subject to the respect by the Member States for the principles of the rule of law

OE (Résidence habituelle d’un époux - Critère de nationalité)
Area of Freedom, Security and Justice
The period of residence required in order for the courts of a Member State to exercise their jurisdiction to hear and determine an application for divorce may legitimately vary according to the nationality of the applicant

HR Rail
SOPO
A worker with a disability, including a worker doing a traineeship as part of his or her recruitment, who is declared incapable of performing the essential duties of the post that he or she occupies, may benefit from reassignment to another post for which he or she is competent, capable and available

Sped-Pro v Commission
Competition
The General Court annuls the decision of the Commission rejecting a complaint against PKP Cargo, a company controlled by the Polish State, concerning an alleged abuse of its dominant position on the market for rail freight transport services in Poland

ÖBB-Infrastruktur Aktiengesellschaft
Transport
Advocate General Ćapeta: the Court of Justice should find that it has jurisdiction to interpret the CUI Uniform Rules because the EU has exercised its shared competence by acceding to COTIF

Entry into office of three new Members of the General Court of the European Union

Regione Puglia
Freedom of establishment
A Member State may, within the geographical limits set by it, grant several licenses to the same operator for the prospection, exploration and production of hydrocarbons, such as petrol and natural gas, for adjacent areas, provided that it ensures non-discriminatory access to those activities for all operators and assesses the cumulative effect of projects likely to have significant effects on the environment

Allemagne - Ville de Paris and Others v Commission,C-178/19 P Hongrie - Ville de Paris e.a./Commission
Environment and consumers
The Court of Justice sets aside the judgment of the General Court partially annulling the Commission regulation fixing emission values for real driving emissions tests for new light vehicles.

MIUR and Ufficio Scolastico Regionale per la Campania
DFON
Teachers of Catholic religious education: the requirement to hold a suitability certificate issued by a Church authority does not justify the renewal of fixed-term contracts

Trapeza Peiraios
Environment and consumers
The Court clarifies the extent of protection afforded to consumers under a loan contract repayable in a foreign currency

Randstad Italia
DFON
EU law does not preclude the highest court in the judicial order of a Member State from being unable to set aside a judgment delivered in breach of EU law by that Member State’s highest administrative court

Gtflix Tv
Area of Freedom, Security and Justice
Dissemination of allegedly disparaging remarks on the internet: compensation for the resulting damage in a Member State may be sought before the courts of that Member State

Azurair and Others C-188/20, C-196/20, C-270/20,C-263/20 Airhelp,C-395/20 Corendon Airlines
Transport
A flight must be regarded as having been ‘cancelled’ in the case where the operating air carrier brings it forward by more than one hour

Euro Box Promotion and Others,C-379/19 DNA- Serviciul Teritorial Oradea, C-547/19 Asociaţia « Forumul Judecătorilor din România », C-811/19 FQ e.a. ,C-840/19 NC
Law governing the institutions
Le droit de l’Union s’oppose à l’application d’une jurisprudence de la Cour constitutionnelle dans la mesure où celle-ci, combinée avec les dispositions nationales en matière de prescription, crée un risque systémique d’impunité

Bank Melli Iran
Free movement of capital
The prohibition imposed by EU law on complying with secondary sanctions laid down by the United States against Iran may be relied on in civil proceedings

Servizio Elettrico Nazionale and Others
Competition
Advocate General Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position

Solemn undertaking before the Court of Justice of the European Union given by two new Members of the European Court of Auditors

Dyson and Others v Commission
Law governing the institutions
Energy consumption of cyclonic bagless vacuum cleaners: the General Court dismisses Dyson Ltd’s claim for compensation for alleged loss

Hungary v Parliament and Council, Poland v Parliament and Council
Principles of Community law
AG Campos Sánchez-Bordona: the actions brought by Hungary and Poland against the regime of conditionality for the protection of the Union budget in the event of breaches of the principles of the rule of law should be dismissed