European Court of Justice (News)

Commission v Stichting Greenpeace Nederland and PAN Europe
When a person requests access to environmental documents, the concept of ‘information on emissions into the environment’ covers, inter alia, information concerning the nature and effects of the release of a pesticide into air, water or soil, or onto plants

Hemming
Freedom of establishment
Under the Services Directive, applicants for a licence cannot be required to pay costs relating to the management and enforcement of the licencing regime when submitting their application

Soulier and Doke
The copyright directive precludes national legislation authorising the digital reproduction of out-of-print books in breach of the exclusive rights of authors

Salaberria Sorondo
Principles of Community law
The exclusion of candidates more than 35 years of age from a competition for the recruitment of police officers required to perform operational duties is compatible with EU law

Vereniging Openbare Bibliotheken
Freedom of establishment
The lending of an electronic book (e-book) may, under certain conditions, be treated in the same way as the lending of a traditional book

Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main
Approximation of laws
According to Advocate General Szpunar, the cost of a call to an after-sales telephone number must not exceed the cost of a standard call

DTS Distribuidora de Televisión Digital v Commission
The Court confirms that the financing of the Spanish public television system (RTVE) is compatible with the EU rules regarding State aid

Simba Toys v EUIPO
Intellectual and industrial property
The Court sets aside the judgment of the General Court and annuls the EUIPO decision which confirmed registration of the shape of the Rubik’s Cube as an EU trade mark

Commission v Greece
Environment and consumers
The Court finds that Greece has failed to fulfil its obligation to protect the sea turtle Caretta caretta in the Bay of Kyparissia

Home Credit Slovakia
Approximation of laws
The failure by a lender granting consumer credit to include in the agreement certain essential information may be penalised by depriving the lender of entitlement to interest and charges

Dowling and Others
Freedom of establishment
EU law does not preclude an increase in the share capital of a bank without the agreement of the general meeting of the shareholders in a situation where there is a serious disturbance of the economy and the financial system of a Member State

Ognyanov
Justice and Home Affairs
The custodial sentence of a prisoner may not be reduced, when he is transferred from one Member State to another, by reason of time spent working in prison in the first Member State if that Member State has not, under its national law, granted such a reduction in sentence

DEI v Alouminion tis Ellados and Commission
State aid
The extension of the period of validity of existing State aid must be regarded as the alteration of that aid and, therefore, as new aid

Orange v Commission
State aid
The Court rejects France Télécom’s appeal in the case involving the reform of the arrangements for financing the pensions of civil servants working for that company

Intel Corporation v Commission
Competition
Advocate General Wahl considers that Intel’s appeal against the imposition of a €1.06 billion fine for abuse of its dominant position should be upheld

Breyer
Approximation of laws
The operator of a website may have a legitimate interest in storing certain personal data relating to visitors to that website in order to protect itself against cyberattacks

Deutsche Parkinson Vereinigung
Free movement of goods
Fixed prices set in Germany for prescription-only medicinal products are contrary to EU law

Mikołajczyk
Area of Freedom, Security and Justice
EU law applies to an action for annulment of marriage brought by a third party following the death of one of the spouses

Ranks and Vasiļevičs
Intellectual and industrial property
The initial acquirer of a copy of a computer program, accompanied by an unlimited user licence, may resell that copy and his licence to a new acquirer

Commission v Italy
Area of Freedom, Security and Justice
By failing to guarantee just and appropriate compensation for victims of all violent intentional crimes committed in cross-border situations, Italy has failed to fulfil its obligations under EU law