European Court of Justice (News)

W. J. (Changement de résidence habituelle du créancier d’aliments)
Area of Freedom, Security and Justice
For the purpose of identifying the law applicable to a maintenance payment, the habitual residence of its recipient is that of the place where the habitual centre of his or her life is located, particularly where it concerns a young child

Luso Temp
SOPO
Compensation in respect of days of paid annual leave not taken and the corresponding holiday bonus pay granted to temporary agency workers must be at least equal to that which would be granted to them if they had been recruited directly by the user undertaking to occupy the same job for the same period of time

Czech Republic v Commission
Law governing the institutions
The General Court upholds in part the Czech Republic’s action based on the unjust enrichment of the Commission in so far as it concerns the repayment of an amount equivalent to approximately € 726 000 that that Member State had to pay to that institution in the context of the recovery of anti-dumping duties

Fininvest and Berlusconi v ECB
Economic policy
The General Court upholds the decision by which the ECB refused to authorise Silvo Berlusconi’s acquisition of a qualifying holding in Banca Mediolanum

All European Final of the European Moot Court Competition takes place at the Court of Justice of the European Union in Luxembourg on 6 May

Ministre de la Transition écologique and Premier ministre (Responsabilité de l’État pour la pollution de l’air)
Environment and consumers
Advocate General Kokott: Member States may be liable for health damage caused by excessive air pollution

London Steam-Ship Owners’ Mutual Insurance Association
Area of Freedom, Security and Justice
Advocate General Collins: An arbitral award judgment may be a relevant judgment for the purposes of the Regulation on recognition and enforcement of judgments

Victorinox
Approximation of laws
A trader who offers, on websites such as Amazon, goods which he has not himself produced must inform the consumer of the manufacturer’s guarantee if that guarantee has been made a central or essential element of the offer

BPC Lux 2 and Others
DFON
The Portuguese legislation which provides the basis for the resolution action in respect of Banco Espírito Santo is compatible with the right to property

Openbaar Ministerie (Tribunal établi par la loi dans l’État membre d’émission)
DFON
Refusal to execute a European arrest warrant: the Court of Justice specifies the criteria permitting an executing judicial authority to assess whether there is any risk of breach of the requested person’s fundamental right to a fair trial

Sea Watch
Transport
According to Advocate General Rantos, the compliance with international standards of private ships engaged in regular sea search and rescue activities may be monitored by the port State

Commissaire général aux réfugiés and aux apatrides (Unité familiale - Protection déjà accordée)
Area of Freedom, Security and Justice
A Member State may exercise its option to declare an application for international protection inadmissible on the ground that the applicant has already been granted refugee status by another Member State

Stichting Rookpreventie Jeugd and Others
Freedom of establishment
Filter cigarettes: the method which has been established by ISO for determining the maximum emission levels for tar, nicotine and carbon monoxide and to which EU law refers is valid and binding on cigarette manufacturers

RS (Effet des arrêts d’une cour constitutionnelle)
Law governing the institutions
EU law precludes a national rule under which national courts have no jurisdiction to examine the conformity with EU law of national legislation which has been held to be constitutional by a judgment of the constitutional court of the Member State

Hungary v Parliament and Council, C-157/21 Poland v Parliament and Council
Principles of Community law
Measures for the protection of the Union budget: the Court of Justice, sitting as a full Court, dismisses the actions brought by Hungary and Poland against the conditionality mechanism which makes the receipt of financing from the Union budget subject to the respect by the Member States for the principles of the rule of law

OE (Résidence habituelle d’un époux - Critère de nationalité)
Area of Freedom, Security and Justice
The period of residence required in order for the courts of a Member State to exercise their jurisdiction to hear and determine an application for divorce may legitimately vary according to the nationality of the applicant

HR Rail
SOPO
A worker with a disability, including a worker doing a traineeship as part of his or her recruitment, who is declared incapable of performing the essential duties of the post that he or she occupies, may benefit from reassignment to another post for which he or she is competent, capable and available

Sped-Pro v Commission
Competition
The General Court annuls the decision of the Commission rejecting a complaint against PKP Cargo, a company controlled by the Polish State, concerning an alleged abuse of its dominant position on the market for rail freight transport services in Poland

ÖBB-Infrastruktur Aktiengesellschaft
Transport
Advocate General Ćapeta: the Court of Justice should find that it has jurisdiction to interpret the CUI Uniform Rules because the EU has exercised its shared competence by acceding to COTIF

Entry into office of three new Members of the General Court of the European Union