European Court of Justice (News)

Bervidi
Social policy
Discrimination at work: the rights of persons with disabilities to protection against indirect discrimination extend to parents of children with disabilities

MSIG
Principle ne bis in idem: a person cannot be prosecuted in one Member State for an act of terrorism for which he or she has already been convicted in another Member State, even though the offence has a different classification in each of those Member States

Banco Santander
Freedom of movement for persons
Banco Popular: the rights arising from actions for a declaration of nullity and for damages brought before the resolution of that bank are enforceable against Banco Santander

Austria v Commission
State aid
The Court of Justice annuls the Commission’s decision to approve aid from Hungary for the Paks II nuclear power station

Positive Group v Council
Common foreign and security policy
War in Ukraine: the General Court upholds the restrictive measures against Positive Group PAO, an entity operating in the Russian IT sector with a license issued by Russia’s domestic intelligence services

Meta Platforms Ireland v Commission
Approximation of laws
Digital Services Act: the General Court annuls the Commission’s decisions setting the supervisory fee applicable to Facebook, Instagram and TikTok

Austria v Commission
Austria’s action against the inclusion of nuclear energy and fossil gas in the sustainable investment scheme dismissed

Puigdemont i Casamajó and Others v Parliament
Advocate General Szpunar proposes that three grounds of appeal brought by Mr Antoni Comín against the judgment of the General Court dismissing his action against the waiver of his immunity by the European Parliament be rejected

Shipov
Advocate General Richard de la Tour: the Member State of origin of a transgender person is obliged to issue identity documents consistent with the persons lived gender identity

Safi
Advocate General Tamara Ćapeta: EU citizenship encompasses the right not to move

Royal Football Club Seraing
Football: the Court affirms the right, for clubs and players in particular, to obtain effective judicial review of arbitral awards made by the Court of Arbitration for Sport

Alace
Area of Freedom, Security and Justice
International protection: the designation of a third country as a ‘safe country of origin’ must be amenable to effective judicial review

The Minister for Children, Equality, Disability, Integration and Youth
Principles of Community law
Right to asylum: A Member State may not plead an unforeseeable influx of applicants for international protection in order to evade its obligation to cover asylum seekers’ basic needs

BAJI Trans
The principle of lex posterior mitius extends to a penalty classified as administrative under national law where it is of a criminal nature for the purposes of EU law

Volkswagen
Approximation of laws
A vehicle manufacturer cannot be exempted from its liability for an unlawful defeat device on the grounds that an EC type-approval has been granted

France v CWS Powder Coatings and Others
Approximation of laws
The Court of Justice upholds the annulment of the classification of titanium dioxide in certain powder forms as a carcinogenic substance

Banca Mediolanum
Taxation
Taxation: national legislation providing for tax being levied on more than 5% of the amount of the dividends that financial intermediaries receive, as parent companies, from their subsidiaries resident in other Member States is contrary to EU law

Veracash
Free movement of capital
Payment services: the payment card user is deprived of the right to obtain a refund of an unauthorised payment transaction of which he or she has become aware if he or she delayed in notifying it to his or her provider with intent or gross negligence

Daka
Independence of judges: the double appointment of judges to the Polish Supreme Court is compatible with EU law

Adrar
Area of Freedom, Security and Justice
Advocate General Spielmann: the court reviewing the lawfulness of the detention of an illegally staying third-country national must verify that the principle of non-refoulement does not preclude his or her removal