European Court of Justice (News)

Landeshauptstadt Wiesbaden
Area of Freedom, Security and Justice
According to Advocate General Medina, the mandatory collection and storage of fingerprints in identity cards is valid

G. K. and Others (Parquet européen)
Area of Freedom, Security and Justice
Cross-border investigations by the European Public Prosecutor’s Office (EPPO): Advocate General Ćapeta advises the Court to rule that judicial review in the Member State of the assisting European Delegated Prosecutor should be limited to procedural questions

Public.Resource.Org and Right to Know v Commission and Others
Law governing the institutions
According to Advocate General Medina European Harmonised Technical Standards must be freely available without charge because of their particular legal nature as acts that form part of EU law

Commission v Hungary (Déclaration d’intention préalable à une demande d’asile)
Area of Freedom, Security and Justice
Hungary has unduly hindered the possibility of making an asylum application

Germany v Pharma Mar and Commission
The Court of Justice sets aside the assessment made by the General Court with regard to the impartiality of experts from the European Medicines Agency (EMA)

Pankki S
Every person has the right to know the date of and the reasons for the consultation of his or her personal data

K.B. and F.S. (Relevé d’office dans le domaine pénal)
Protection of fundamental rights: EU law does not preclude, in principle, a prohibition on a national court raising of its own motion a breach of the obligation to inform a suspect promptly of his or her right to remain silent

Repasi v Commission
Taxonomy: the General Court dismisses as inadmissible the action of a Member of the European Parliament challenging the Commission's regulation on the sustainability of certain economic activities relating to fossil gas and nuclear energy

Ligue des droits humains (Vérification du traitement des données par l’autorité de contrôle)
Advocate General Medina: a data subject must have available to it a judicial remedy against an independent supervisory authority where he or she exercises his or her rights through that authority

Friends of the Irish Environment (Possibilités de pêche supérieures à zéro)
Agriculture and fisheries
Overfishing: according to Advocate General Ćapeta, the Common Fisheries Policy Basic Regulation requires the Council to fix fishing limits at sustainable levels from the year 2020

Kočner v EUROPOL
Principles of Community law
Advocate General Rantos: Europol and a Member State in which damage occurred in relation to unlawful data processing can be jointly and severally liable

Silver and Others v Council
Citizenship of the Union
Definitive dismissal of the actions brought by British citizens challenging the loss of their rights as EU citizens as a result of Brexit

Thermalhotel Fontana
Social security for migrant workers
The freedom of movement for workers precludes the legislation of a Member State, which makes compensation conditional on the imposition of an isolation measure by its own administrative authorities

Bank M. (Conséquences de l’annulation du contrat)
Approximation of laws
EU law does not preclude, in the event of the annulment of a mortgage loan agreement vitiated by unfair terms, the consumers from seeking compensation from the bank going beyond reimbursement of the monthly instalments paid

Google Ireland and Others
Freedom of establishment
According to Advocate General Szpunar, platforms like Google, Meta Platforms and Tik Tok may not have additional obligations imposed on them in a Member State other than the one in which they have their registered office, except by measures taken on a case-by-case basis

Commission v Amazon.com and Others
State aid
Tax rulings: Advocate General Kokott is of the view that the Commission erred in deciding that Luxembourg had granted unauthorised state aid to Amazon in the form of tax advantages

Comune di Copertino
Freedom of movement for persons
Advocate General Ćapeta: Member States may restrict the monetisation of unused paid annual leave at the end of the employment relationship

UFC - Que choisir and CLCV
Approximation of laws
Package travel and the COVID-19 pandemic: national legislation which temporarily releases organisers from their obligation to provide a full refund in the event of termination of a package travel contract is incompatible with EU law

Austrian Airlines (Vol de rapatriement)
Transport
COVID19 pandemic: a repatriation flight organised in the context of consular assistance does not constitute a re-routed flight that the operating air carrier must offer to passengers whose flight has been cancelled

Prestige and Limousine
Freedom of establishment
Limiting the number of private hire vehicle service licences in the Barcelona metropolitan area is contrary to European Union law