Archive for the ‘ECJ’ Category
Friday, February 17th, 2012
Statistics concerning judicial activity in 2011: new record in the number of actions brought before and disposed of by the three judicial organs of the Court of Justice of the European Union
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Thursday, February 16th, 2012
Commission v Netherlands
Freedom of movement for persons
Advocate General Sharpston deems a Netherlands rule limiting funding for studying abroad to students who have resided in the Netherlands for three out of the last six years contrary to EU law on the freedom of movement of workers
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Thursday, February 16th, 2012
Sabam
Approximation of laws
The owner of an online social network cannot be obliged to install a general filtering system, covering all its users, in order to prevent the unlawful use of musical and audio-visual work
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Thursday, February 16th, 2012
Costa, Cifone
Freedom to provide services
EU law precludes national betting and gaming legislation requiring a minimum distance between betting outlets, where the aim is to protect the market position of existing operators
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Thursday, February 16th, 2012
Blödel-Pawlik
Approximation of laws
The protection of travellers against the risk of insolvency on the part of the package travel organiser also applies where the insolvency is attributable to the organiser’s fraudulent conduct
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Thursday, February 16th, 2012
Hudzinski, Wawrzyniak
Social security for migrant workers
In Advocate General Mazák’s view, EU law does not prevent a Member State from granting child benefits to posted or seasonal workers
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Tuesday, February 14th, 2012
Toshiba Corporation e.a
Competition
The Czech competition authority may penalise the effects of a world-wide cartel produced in the Czech Republic before its accession to the EU
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Tuesday, February 14th, 2012
Flachglas Torgau
Environment and consumers
Public access to environmental information may be refused by a ministry to the extent that the information relates to a legislative process in which the ministry is participating
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Tuesday, February 14th, 2012
Electrolux v Commission
State aid
The General Court annuls the Commission decision according to which the grant of restructuring aid of €31 million by France to FagorBrandt subject to conditions is compatible with the common market
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Monday, February 13th, 2012
Budapesti Erőmű v Commission
State aid
The General Court confirms that the power purchase agreement made between private company Budapesti Erőmű and Hungarian public undertaking MVM constitutes unlawful State aid
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Thursday, January 26th, 2012
Kücük
Social policy
The renewal of fixed-term employment contracts may be justified by replacement needs, even where that need is recurring or even permanent
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Wednesday, January 25th, 2012
Viaguara v OHMI – Pfizer (VIAGUARA)
Community Trade Mark
The sign “VIAGUARA” cannot be registered as a Community trade mark for drinks
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Tuesday, January 24th, 2012
Dominguez
Social policy
The Working Time Directive precludes national rules which make entitlement to paid annual leave conditional on a minimum period of 10 days’ actual work
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Tuesday, January 17th, 2012
Salemink
Social security for migrant workers
Workers employed on gas-drilling platforms at sea, on the continental shelf adjacent to a Member State, are as a rule subject to EU law
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Wednesday, December 21st, 2011
France v People’s Mojahedin Organization of Iran
Common foreign and security policy
The Court dismisses France’s appeal against the judgment of the General Court removing the PMOI the EU list of terrorist organisations
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Wednesday, December 21st, 2011
Commission v Austria
Transport
The traffic prohibition for lorries carrying certain goods on the Inn valley motorway in the Tyrol is incompatible with the free movement of goods
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Wednesday, December 21st, 2011
The Air Transport Association of America and Others
Environment and consumers
The directive including aviation activities in the EU’s emissions trading scheme is valid
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Wednesday, December 21st, 2011
NS, M.E.
Principles of Community law
An asylum seeker may not be transferred to a Member State where he risks being subjected to inhuman treatment
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Wednesday, December 21st, 2011
Ziolkowski, Szeja e.a.
Citizenship of the Union
A right of permanent residence may be acquired only through periods of residence which satisfy the conditions laid down by EU law
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Wednesday, December 21st, 2011
Dutrueux
Approximation of laws
The liability of a public healthcare establishment, in its capacity as a service provider, does not fall within the scope of the Product Liability Directive
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Wednesday, December 21st, 2011
Afrasiabi and Others
Common foreign and security policy
Court of Justice clarifies EU rules intended to combat nuclear proliferation in Iran
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Thursday, December 15th, 2011
Frisdranken Industrie Winters
Approximation of laws
A service consisting of the mere filling of cans bearing a sign protected as a trade mark is not use of that sign which is liable to be prohibited
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Thursday, December 8th, 2011
KME and Others v Commission
Competition
The Court of Justice upholds the judgments of the General Court and the Commission’s decisions relating to the two cartels in the copper industrial and copper plumbing tubes sectors
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Thursday, December 8th, 2011
France Télécom v Commission
State aid
The Court confirms the judgment of the General Court finding that France Télécom benefited from State aid incompatible with the common market each year from 1994 to 2002
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Tuesday, December 6th, 2011
Achughbabian
VISA
The ‘return directive’ precludes national legislation imposing a prison sentence on an illegally staying third-country national during the return procedure
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Thursday, December 1st, 2011
Philips, Nokia
Free movement of goods
The Court specifies the conditions under which goods coming from non-member States that are imitations or copies of goods protected in the EU by intellectual property rights may be detained by the customs authorities of the Member States
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Thursday, December 1st, 2011
Painer
COJC
A portrait photograph enjoys the same protection as that conferred by copyright on any other work
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Wednesday, November 30th, 2011
Quinn Barlo and Others v Commission
Competition
The General Court reduces the fine imposed by the Commission on certain companies in the Quinn Group for their participation in a cartel in the methacrylates sector from €9 million to €8.25 million
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Tuesday, November 29th, 2011
National Grid Indus
Freedom to provide services
EU law does not in principle preclude the charging of tax on unrealised capital gains relating to the assets of a company when it transfers its place of management to another Member State
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Tuesday, November 29th, 2011
SAS Institute
Approximation of laws
In Advocate General Bot’s view, the functionalities of a computer program and the programming language cannot be protected by copyright
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Thursday, November 24th, 2011
Scarlet Extended
Approximation of laws
EU law precludes the imposition of an injunction by a national court which requires an internet service provider to install a filtering system with a view to preventing the illegal downloading of files
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Thursday, November 24th, 2011
Commission v Italy
Principles of Community law
The Italian statute governing the civil liability of judges for causing damage to individuals by acting in breach of EU law is itself contrary to EU law
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Wednesday, November 23rd, 2011
The Court of Justice of the European Union launches ‘e-Curia’ an application allowing procedural documents to be lodged and accepted by exclusively electronic means
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Wednesday, November 23rd, 2011
Sison v Council
Common foreign and security policy
The General Court has rejected the claim for damages made by Jose Maria Sison following the Council’s illegal freezing of his funds
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Tuesday, November 22nd, 2011
KHS
Social policy
National rules may set a temporal limit on the accumulation of unused entitlements to paid annual leave acquired during a period of unfitness for work
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Thursday, November 17th, 2011
Lindner
COJC
In a case where a consumer’s current domicile is unknown, the courts of the place where the consumer had his last known domicile may have jurisdiction to deal with proceedings against him
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Wednesday, November 16th, 2011
Fardem Packaging v Commission
Competition
The Court annuls the Commission’s decision in so far as it imposes a fine of €2.37 million on Stempher for its anti-competitive conduct on the plastic industrial bags market
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Tuesday, November 15th, 2011
Commission v Government of Gibraltar and United Kingdom
State aid
A tax system designed in such a way that offshore companies avoid taxation constitutes a State aid scheme that is incompatible with the internal market
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Wednesday, October 5th, 2011
Romana Tabacchi v Commission
Competition
The Court partially annuls, so far as concerns Romana Tabacchi, the Commission’s decision relating to the cartel on the Italian raw tobacco market and reduces the initial amount of the fine imposed on Romana Tabacchi from €2.05 million to €1 million
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Tuesday, October 4th, 2011
Football Association Premier League and Others, Murphy
Freedom to provide services
A system of licences for the broadcasting of football matches which grants broadcasters territorial exclusivity on a Member State basis and which prohibits television viewers from watching the broadcasts with a decoder card in other Member States is contrary to EU law
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Thursday, September 29th, 2011
Arkema v Commission
Competition
The Court of Justice has set aside the judgment of the General Court and the Commission Decision in so far as the latter imputed to Elf Aquitaine participation by its subsidiary, Arkema, in a cartel on the market for monochloroacetic acid
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Monday, September 26th, 2011
Solemn undertaking before the Court of Justice of two new Members of the European Court of Auditors
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Thursday, September 22nd, 2011
Interflora and Others
Freedom to provide services
The Court clarifies the scope of trade mark protection in the European Union
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Thursday, September 22nd, 2011
Budějovický Budvar
Approximation of laws
Anheuser-Busch and Budějovický Budvar can both continue to use the Budweiser trade mark in the United Kingdom
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Thursday, September 22nd, 2011
Mesopotamia Broadcast, Roj TV
Freedom to provide services
Germany cannot prevent the retransmission on its territory of programmes in Kurdish which are broadcast by Roj TV from Denmark
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Thursday, September 22nd, 2011
NS, M.E.
Principles of Community law
According to Advocate General Trstenjak, asylum seekers may not be transferred to other Member States if they could there face a risk of serious breach of the fundamental rights which they are guaranteed under the Charter of Fundamental Rights
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Tuesday, September 20th, 2011
Couture Tech v OHIM (Représentation du blason soviétique)
Community Trade Mark
The Soviet coat of arms may not be registered as a Community trade mark
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Monday, September 19th, 2011
Taking of the oath by a new Judge at the General Court of the European Union
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Thursday, September 15th, 2011
Williams and others
Social policy
The remuneration paid to airline pilots during their annual leave must include the supplementary payment for the time spent flying since it is intrinsically linked to the performance of their tasks
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Thursday, September 15th, 2011
Dickinger and Ömer
Freedom to provide services
A monopoly on the operation of internet casino games is justifiable only if it seeks in a consistent and systematic manner to combat the risks connected with such games
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