European Court of Justice (News)

Hedqvist
Taxation
The exchange of traditional currencies for units of the ‘bitcoin’ virtual currency is exempt from VAT

van der Lans
Transport
Even in the event of a flight cancellation on account of unforeseen technical problems, air carriers are required to compensate passengers

Total v Commission
Competition
The Court of Justice reduces the fine imposed on Total jointly and severally with Total France from €128 million to €125 million

Commission v Italy
State aid
Due to its delay in recovering aid incompatible with the common market, Italy is ordered to pay a lump sum of €30 million and a fine of €12 million per semester of delay

Commission v Slovakia
Freedom of movement for persons
By limiting entitlement to disability benefits and the Christmas bonus for persons on a low income to Slovak residents, Slovakia has not failed to fulfil its obligations under an EU regulation

Alimanovic
DISC
A Member State may exclude Union citizens who go to that State to find work from certain non-contributory social security benefits

FCD and FMB
Approximation of laws
Articles incorporated as components of a complex product must be notified to the European Chemicals Agency when they contain a substance of very high concern in a concentration above 0.1%

Federación de Servicios Privados del sindicato Comisiones obreras
SOPO
The journeys made by workers without fixed or habitual place of work between their homes and the first and last customer of the day constitute working time

H&M Hennes & Mauritz v OHMI - Saint Laurent (Forme de sacs à main)
Intellectual and industrial property
The General Court dismisses the actions brought by H&M against the registration of two Yves Saint Laurent bag designs

Panasonic Corp. and MT Picture Display Co. Ltd v Commission
Competition
The General Court reduces the fines imposed by the Commission on Panasonic and on Toshiba for their participation in a cartel on the European market for tubes for television sets

Ferreira da Silva e Brito and Others
SOPO
The Portuguese State will have to pay compensation to the employees of TAP’s former subsidiary, Air Atlantis

A2A
State aid
EU law does not preclude Italian legislation which, by reference to an EU regulation not in force at the time, provides for the application of compound interest to the recovery of State aid

Inuit Tapiriit Kanatami and Others v Commission
Approximation of laws
The Court of Justice confirms the validity of the regulation on trade in seal products

Groupe Steria
Freedom of establishment
The differentiated taxation of dividends received by the parent companies of a tax-integrated group depending on where the subsidiaries are established is contrary to EU law

Huawei Technologies
Competition
The bringing of an action for a prohibitory injunction against an alleged infringer by the proprietor of a standard-essential patent which holds a dominant position may constitute an abuse of that dominant position in certain circumstances

A
Area of Freedom, Security and Justice
The court called upon to decide on parental responsibility also has jurisdiction to rule on the maintenance allowance payable by one of the parents in favour of his or her minor children

Commission v Italy
Environment and consumers
As a result of its incorrect application of the Waste Directive in the region of Campania, Italy is ordered to pay a lump sum of €20 million and a daily late-payment penalty of €120 000

CHEZ Razpredelenie Bulgaria
Principles of Community law
The installation of electricity meters at an inaccessible height in a district densely populated by Roma is liable to constitute discrimination on the grounds of ethnic origin when such meters are installed in other districts at a normal height

Singh and Others
Citizenship of the Union
A national of a third country who is married to an EU citizen residing in a Member State other than the citizen’s own State can no longer enjoy a right of residence in that State where the EU citizen leaves that State before the commencement of divorce proceedings

Lanigan
Justice and Home Affairs
The expiry of the timelimits to take a decision on the execution of a European arrest warrant does not free the competent court of its obligation to adopt a decision in that regard and does not preclude, in itself, the continued holding of the requested person in custody