European Court of Justice (News)

Saatgut-Treuhandverwaltung (KWS Meridian)
Agriculture and fisheries
Protection of plant variety rights: no minimum level of compensation set

SCHUFA Holding and Others (Scoring)
Principles of Community law
Advocate General Pikamäe: the automated establishment of a probability concerning the ability of a person to service a loan constitutes profiling under the GDPR

Colt Technology Services and Others
Telecommunications operators may be obliged to provide, upon request from a judicial authority, communication interception operations in return for a fixed rate

Commission v Bulgaria (Double manquement - Pollution par les PM10)
Law governing the institutions
The Commission’s first action for a twofold failure to fulfil obligations in relation to air pollution is inadmissible

Towercast
Competition

The prohibition of abuse of a dominant position laid down by the Treaties permits an ex post control, at national level, of a concentration of undertakings with a non-Community dimension

Royal Antwerp Football Club
Freedom of movement for persons
Football: according to Advocate General Szpunar the UEFA rules on home-grown players are partially incompatible with EU law

Les Mousquetaires and ITM Entreprises v Commission
Competition
The Court sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices

Prigozhina v Council
External relations
The General Court annuls the restrictive measures applied to Ms Violetta Prigozhina, mother of Mr Yevgeniy Prigozhin, in the context of Russia’s war against Ukraine

Judicial statistics 2022: proceedings marked by the major issues facing today’s world (the rule of law, the environment, the protection of privacy in the digital era and so forth) and by the restrictive measures adopted by the European Union in the context of the war in Ukraine

Bank M. (Conséquences de l’annulation du contrat)
Approximation of laws
Advocate General Collins: after the annulment of a mortgage loan agreement due to unfair terms, consumers may assert claims against banks that go beyond reimbursement of monetary consideration; banks may not

China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v Commission
External relations
Anti-Dumping Challenge: Advocate General Medina suggests the Court should recognise the legal standing of the China Chamber of Commerce as a representative association

Asociaţia "Forumul Judecătorilor din România"
Principles of Community law
Advocate General Emiliou: a procedure for promotion of judges based on an assessment of their work and conduct by a board composed of the President and judges of the relevant higher court is compatible with EU law

Chief Appeals Officer and Others
Principles of Community law
Advocate General Ćapeta: an EU mobile worker’s mother can claim a social benefit without this calling into question her right of residence

Lufthansa Technik AERO Alzey
Area of Freedom, Security and Justice
The Court clarifies the concept of ‘exceptional circumstances’ permitting the competent judicial authority to stay the enforcement of a judgment certified as a European Enforcement Order

Rzecznik Praw Dziecka and Others (Suspension de la décision de retour)
EU law precludes national authorities being able, without needing to provide justification, to obtain the suspension of a final decision requiring the return of a child

HYA and Others (Motivation des autorisations des écoutes téléphoniques)
Approximation of laws
A decision authorising telephone tapping need not contain individualised reasons

Tráficos Manuel Ferrer
Competition
Actions for damages in respect of infringements of competition law: the relevant EU law does not preclude a national rule according to which, in the event that the claim is upheld in part, costs are to be borne by each party, who therefore bears half of the common costs

Commission v Italy
Law governing the institutions
The Court of Justice confirms the unlawfulness of two EPSO notices of competition restricting the choice of the second language to English, French or German

Belaeronavigatsia v Council
External relations
The General Court confirms the restrictive measures adopted against a State-owned enterprise managing the airspace in Belarus

Spain v Commission
State aid
State aid: the Court annuls in part the Commission’s decision on the ‘Spanish Tax Lease System’