Archive | Source: Court of Justice of the EU

Judgment of the Court: Elecdey Carcelén SA, Energías Eólicas de Cuenca SA, Iberenova Promociones SAU and Iberdrola Renovables Castilla La Mancha SA v Comunidad Autónoma de Castilla-La Mancha

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Press Release: The Court annuls the Commission regulation fixing at zero the amount of export refunds in the poultry meat sector in July 2013

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Press Release: According to Advocate General Wathelet, the arbitration clause in the investment protection agreement concluded between the Netherlands and Slovakia is compatible with EU law

That clause does not constitute discrimination on grounds of nationality, is compatible with the preliminary ruling mechanism and does not undermine either the allocation of powers fixed by the Treaties or the autonomy of the EU legal system

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Press Release: In disputes relating to their employment contracts, air crew members have the option of bringing proceedings before the courts of the place where they perform the essential part of their duties vis-à-vis their employer

The national court must determine that place in the light of all the relevant circumstances, an employee’s ‘home base’ being a significant indicator to that effect.

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Press Release: Member States may not adopt emergency measures regarding genetically modified food and feed unless it is evident that there is a serious risk to health or the environment

“The Court finds that, where it is not evident that genetically modified products are likely to constitute a serious risk to human health, animal health or the environment, neither he Commission nor the Member States have the option of adopting emergency measures such as the prohibition on the cultivation of maize MON 810.”

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Press Release: Advocate General Mengozzi defines the criteria that determine whether Schweppes SA, the Spanish subsidiary of the Orangina Schweppes Group, can oppose the importation into and/or marketing in Spain of Schweppes goods coming from the United Kingdom, where that mark is owned by Coca-Cola

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Press Release: The compensation payable to passengers in the event of cancellation or long delay of a connecting flight must be calculated according to the radial distance between the departure and arrival airports

The fact that the distance actually covered by such a flight is, as a result of the connection, greater than the distance between the departure and arrival airports has no impact on the calculation of compensation.

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Press Release: The Court of Justice sets aside the judgment of the General Court which had upheld the fine of €1.06 billion imposed on Intel by the Commission for abuse of a dominant position

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Press Release: According to Advocate General Wahl, a supplier of luxury goods may prohibit its authorised retailers from selling its products on third-party platforms such as Amazon or eBay

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Press Release: The Court declares that the agreement envisaged between the European Union and Canada on the transfer of Passenger Name Record data may not be concluded in its current form

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Press Release: The President of the General Court rejects the applications for a stay of execution of the Commission’s decision that 50% of the transport capacities of the OPAL gas pipeline are to be subject to a bidding procedure

The applicants have failed to show that the harm suffered as a result of the contested decision is serious and irreparable and therefore that decision remains applicable until delivery of the judgments on its lawfulness. Full article…

Press Release: The Court upholds the €61.44 million fine imposed on Toshiba (of which €4.65 million jointly and severally with Mitsubishi) for its participation in the gas insulated switchgear cartel

By decision of 24 January 2007,1 the Commission imposed fines totalling €750.71 million on 20 European and Japanese companies2 for their participation in a cartel on the market for gas insulated switchgear (GIS) between 1988 and 2004. The undertakings which participated in the cartel concluded an agreement with a view to coordinating their commercial activity worldwide and developed a quota system aimed at determining the market shares which each group could share among its members. According to the Commission, the cartel participants also concluded an unwritten understanding to reserve the European market to European undertakings and the Japanese market to Japanese undertakings. Full article…

Press Release: According to Advocate General Szpunar, Member States may prohibit and punish, as a matter of criminal law, the illegal exercise of transport activities in the context of the UberPop service, without notifying the Commission of the draft law in advance

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Press Release: Purely plant-based products cannot, in principle, be marketed with designations such as ‘milk’, ‘cream’, ‘butter’, ‘cheese’ or ‘yoghurt’, which are reserved by EU law for animal products

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Press Release: The free trade agreement with Singapore cannot, in its current form, be concluded by the European Union alone

“The provisions of the agreement relating to non-direct foreign investment and those relating to dispute settlement between investors and States do not fall within the exclusive competence of the European Union, so that the agreement cannot, as it stands, be concluded without the participation of the Member States.”

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Press Release: According to Advocate General Szpunar, the Uber electronic platform, whilst innovative, falls within the field of transport: Uber can thus be required to obtain the necessary licences and authorisations under national law

Advocate General’s Opinion in Case C-434/15, Asociación Profesional Elite Taxi v Uber Systems Spain, SL. “Uber cannot claim the benefit of the principle of the freedom to provide services guaranteed by EU law for information society services”

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Press Release: The sale of a multimedia player which enables films that are available illegally on the internet to be viewed easily and for free on a television screen could constitute an infringement of copyright

Judgment in Case C-527/15 Stichting Brein.

“The temporary reproduction on a multimedia player of a copyright-protected work obtained by streaming is not exempt from the right of reproduction.”

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Press Release: The national authorities may refuse, for reasons of public security, to grant to an Iranian national with a degree from a university subject to restrictive measures a visa for study in a sensitive field such as information technology security

Judgment in Case C-544/15 Press and Information Sahar Fahimian v Bundesrepublik Deutschland. “While the national authorities enjoy a wide discretion as regards the existence of a threat to public security, the decision to refuse a visa must nevertheless state proper reasons.”

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