European Court of Justice (News)

Ordre des barreaux francophones and germanophone and Others
Citizenship of the Union
Measures to enforce a decision to expel a Union citizen and family members on grounds of public policy or public security constitute restrictions on the right to movement and residence, which may be justified if they are based exclusively on the personal conduct of the individual concerned and comply with the principle of proportionality

Tesco Stores
SOPO
The principle, laid down by EU law, of equal pay for male and female workers can be relied upon directly, in respect both of ‘equal work’ and of ‘work of equal value’, in proceedings between individuals

Commission v Germany (Valeurs limites - NO2)
Environment and consumers
Between 2010 and 2016, Germany systematically and persistently exceeded the limit values for nitrogen dioxide (NO2)

Hungary v Parliament
Law governing the institutions
The Court dismisses Hungary’s action against the Parliament resolution triggering the procedure for determining the existence of a clear risk of a serious breach, by a Member State, of the values on which the European Union is founded

TEAM POWER EUROPE
Freedom of movement for persons
In order for it to be considered that it ‘normally carries out its activities’ in a Member State, a temporary-work agency must carry out a significant part of its activities of assigning temporary agency workers for the benefit of user undertakings established and carrying out their activities in the territory of the same Member State.

Puigdemont i Casamajó and Others v Parliament
Le vice-président du Tribunal de l’Union européenne suspend provisoirement la levée de l’immunité parlementaire de MM. Carles Puigdemont i Casamajó et Antoni Comín i Oliveres ainsi que de Mme Clara Ponsatí i Obiols

OHB System v Commission
Public procurement
The President of the General Court dismisses the application to suspend the operation of the decisions of the European Space Agency, acting in the name and on behalf of the European Commission, providing for the exclusion of the German company OHB System from the public contract for the ‘Procurement of Galileo transition satellites’

Czech Republic v Poland
Poland must immediately cease lignite extraction activities in the Turów mine

Prokuratura Rejonowa w Mińsku Mazowieckim
Area of Freedom, Security and Justice
Advocate General Bobek: EU law precludes the Polish practice of secondment of judges to higher courts that may be terminated at any moment at the discretion of the Minister of Justice, who is simultaneously the General Prosecutor

L.R.
Area of Freedom, Security and Justice
An application for international protection may not be rejected as inadmissible on the ground that a previous application for asylum made by the same person was rejected by Norway

CNP
Area of Freedom, Security and Justice
Cross border litigation between a business to which a road traffic accident victim’s claim against an insurance undertaking was transferred and that undertaking: The Court of Justice clarifies the rules regarding jurisdiction

Luxembourg v Commission
State aid
No selective advantage in favour of a Luxembourg subsidiary of the Amazon group: the General Court annuls the Commission’s decision declaring the aid incompatible with the internal market

Moerenhout and Others v Commission
Law governing the institutions
The General Court, finding an inadequate statement of reasons, annuls a Commission decision refusing to register a proposed citizens' initiative

Luxembourg v Commission
Tax rulings granted by Luxembourg to companies in the Engie group: the General Court finds the existence of a tax advantage

Bank Melli Iran
Free movement of capital
Advocate General Hogan: Iranian undertakings may invoke EU law blocking US secondary sanctions before the courts of the Member States

Commission v Greece
State aid
Greece has failed to fulfil its obligations by failing to recover unlawful aid paid to Greek farmers as compensation for adverse weather conditions

Bundesrepublik Deutschland (Notice rouge d’Interpol)
Principles of Community law
The principle prohibiting the duplication of proceedings can preclude the arrest, within the Schengen Area and the European Union, of a person who is the subject of an Interpol notice

Commission v Poland (Régime disciplinaire des juges)
Principles of Community law
Advocate General Tanchev: the Court should rule that the Polish legislation concerning the disciplinary regime for judges is contrary to EU law

Banco de Portugal and Others
DFON
The unconditional recognition of a reorganisation measure regarding a credit institution, having retroactive effect, is contrary to EU law if it means that the client can no longer pursue legal proceedings on the merits against the ‘bridge bank’ to which the liabilities in question were previously transferred

Comité Interprofessionnel du Vin de Champagne
Agriculture and fisheries
Advocate General Pitruzzella: PDO products are protected against all forms of commercial parasitism