European Court of Justice (News)

Sahyouni
Area of Freedom, Security and Justice
According to Advocate General Saugmandsgaard Øe, private divorces do not come within the scope of the ‘Rome III’ Regulation

Fidenato and Others
Environment and consumers
Member States may not adopt emergency measures regarding genetically modified food and feed unless it is evident that there is a serious risk to health or the environment

Coty Germany
Competition
According to Advocate General Wahl, a supplier of luxury goods may prohibit its authorised retailers from selling its products on third-party platforms such as Amazon or eBay

Slovakia v Council
Area of Freedom, Security and Justice
Advocate General Bot proposes that the Court should dismiss the actions brought by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers

Mengesteab
Area of Freedom, Security and Justice
An asylum seeker may rely in legal proceedings on the fact that the Member State has become responsible for examining his application because of the expiry of the three-month period within which that Member State may request another Member State to take charge of him

A.S.
Area of Freedom, Security and Justice
Croatia is responsible for examining applications for international protection by persons who crossed its border en masse during the 2015-2016 migration crisis

Council v LTTE
External relations
The Court of Justice declares that the General Court should not have annulled Hamas’ retention on the European list of terrorist organisations and refers the case back to the General Court

The Court declares that the agreement envisaged between the European Union and Canada on the transfer of Passenger Name Record data may not be concluded in its current form

PGNiG Supply & Trading v Commission
Energy
The President of the General Court rejects the applications for a stay of execution of the Commission’s decision that 50% of the transport capacities of the OPAL gas pipeline are to be subject to a bidding procedure

Badica and Kardiam v Council
External relations
The General Court upholds the decision freezing the funds of the Badica and Kardiam companies in the Central African ‘conflict diamonds’ case

Erzberger
DISC
The German Law on employee participation is compatible with EU law

Commission v Breyer
Law governing the institutions
The Commission cannot refuse access to written submissions of the Member States held by it, on the sole ground that they are documents relating to court proceedings

BASF Grenzach v ECHA
Research, information, education, statistics
The President of the General Court dismisses BASF Grenzach's application for interim measures regarding triclosan, a preservative for cosmetic products

Bolagsupplysningen and Ilsjan
Area of Freedom, Security and Justice
Advocate General Bobek considers that a company alleging that its personality rights have been infringed by the publication of information on the internet can take legal action in the Member State where it has its centre of interests for the entirety of the harm claimed

Commission v Spain
Freedom of establishment
Spain is ordered to pay a lump sum of €3 million because of its delay in liberalising the port cargo-handling services sector

France v Commission
State aid
The Court confirms that the capital injection and the privatisation measures adopted by France in favour of SNCM constitute unlawful State aid incompatible with the internal market

Air Berlin
Transport
Cancellation fees charged by airline companies may be assessed for unfairness

Toshiba v Commission
Competition
The Court upholds the €61.44 million fine imposed on Toshiba (of which €4.65 million jointly and severally with Mitsubishi) for its participation in the gas insulated switchgear cartel

Fries
Transport
The age limit of 65 years laid down in EU law for pilots of commercial aircraft transporting passengers, cargo or mail is valid

Uber France
Approximation of laws
According to Advocate General Szpunar, Member States may prohibit and punish, as a matter of criminal law, the illegal exercise of transport activities in the context of the UberPop service, without notifying the Commission of the draft law in advance