European Court of Justice (News)

N.
Area of Freedom, Security and Justice
EU law allows an asylum seeker to be detained when the protection of national security or public order so requires

Rendón Marín
Citizenship of the Union
According to Advocate General Szpunar, a non-EU national having sole care and control of a minor child who is a citizen of the EU may not be expelled from a Member State or be refused a residence permit simply because he has a criminal record

C & J Clark International
External relations
The regulation imposing an anti-dumping duty on imports into the EU of certain leather footwear originating in China and Vietnam is partially invalid

Ince
SERV
EU law may preclude the imposition of penalties in respect of the unauthorised cross-border intermediation of sporting bets carried out in Germany

Affum
Area of Freedom, Security and Justice
According to Advocate General Szpunar, a foreign national who was not stopped when illegally crossing an external border of the Schengen Area cannot be imprisoned solely on the basis of his illegal entry into the territory of a Member State

Austria v Commission
State aid
The General Court confirms that the guarantee granted by Austria to BayernLB in the context of its restructuring concerning BayernLB’s credit lines in favour of Hypo Group Alpe Adria constitutes State aid which is nevertheless compatible with EU law

Azarov v Council
External relations
The General Court annuls the freezing of the assets of five Ukrainians, including Mykola Yanovych Azarov and Sergej Arbuzov, former Prime Ministers of Ukraine, for the period from 6 March 2014 to 5 March 2015

Laezza
Freedom of establishment
National rules on betting and gaming may be contrary to the principle of proportionality if they require the licensee to transfer free of charge the equipment used for the collection of bets

Éditions Odile Jacob v Commission
Competition
The Court dismisses Odile Jacob’s appeal in the case concerning Lagardère’s purchase of Vivendi Universal Publishing

Commission v Cyprus
Freedom of movement for persons
Cypriot legislation on pension entitlement which places migrant workers at a disadvantage in relation to those who do not leave Cyprus is contrary to EU law

DHL Express (Italy) and DHL Global Forwarding (Italy)
Competition
In the field of competition law, the leniency programmes of the EU and of the Member States coexist autonomously

Toshiba v Commission
Competition
The General Court upholds the fines of €131 million imposed on Toshiba and Mitsubishi Electric for their participation in the cartel on the market for gas insulated switchgear

The Scotch Whisky Association
Agriculture and fisheries
The Scottish legislation introducing a minimum price per unit of alcohol is contrary to EU law if less restrictive tax measures can be introduced

Poland v Parliament and Council
Principles of Community law
Advocate General Kokott considers the new EU tobacco directive of 2014 to be valid

Air France - KLM
Taxation
VAT is chargeable on unused air tickets which are not refundable

Commission v Greece
SOPO
By allowing doctors to work 24 hours or more consecutively, Greek law infringes EU law

Neptune Distribution
Approximation of laws
The sodium content of natural mineral waters must be calculated on the basis not only of sodium chloride but also of sodium bicarbonate

WebMindLicenses
DFON
The transfer of know-how enabling operation of the erotic site livejasmin.com from Hungary to Madeira where a lower rate of VAT applies does not amount, in itself, to an abusive practice

SNCF v Commission
State aid
The General Court confirms that the State aid in the sum of € 503 million granted by France to Sernam and conditionally approved by the Commission in an earlier decision was wrongfully implemented

Spain v Commission
State aid
The General Court annuls the Commission’s decision that the Spanish tax lease system is an illegal state aid.