Archive | Source: Court of Justice of the EU

Judgment of the General Court: ClientEarth v European Commission on REACH – Request for internal review of a decision on marketing authorisation rejected as unfounded (DEHP)

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Hearing: Joint Cases of UNESA, Endesa Generación & Iberdrola Generación Nuclear

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Press release: The General Court annuls the Commission’s decision that support measures adopted by a consortium governed by private law for the benefit of one of its members constituted ‘aid granted by a State’

In 2013, an Italian bank, Banca Popolare di Bari (‘BPB’), expressed an interest in the subscription of additional capital in another Italian bank, Banca Tercas (‘Tercas’), which had been placed under special administration in 2012. In 2014, after satisfying itself that the measures adopted for the benefit of Tercas were economically more beneficial than reimbursement of that bank’s depositors, theFondo Interbancario di Tutela dei Depositi (FITD) decided to cover Tercas’s negative equity and to grant it certain guarantees. Those measures were approved by Banca d’Italia. The Commission initiated a detailed investigation into those measures as it was uncertain whether they were compatible with EU rules on State aid. By today’s judgment, the General Court annuls the Commission’s decision, as it concluded, incorrectly, that the measures granted to Tercas entailed the use of State resources and were imputable to the State.

Press Release: The Hungarian legislation excluding the retroactive cancellation of a loan contract denominated in a foreign currency which includes an unfair term relating to the exchange-rate risk is contrary to EU law

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Press Release: The Court dismisses the Commission’s action against the Czech Republic concerning its refusal to ensure the take-back of 20 000 tonnes of a mixture called TPS-NOLO (Geobal) shipped to Poland from the Czech Republic

The Commission has not proven that the mixture constitutes waste and, thus, that its shipment constitutes a shipment of waste in respect of which a take-back may, in certain cases, be required.

Court annuls the Commission’s authorisation decision for the uses of lead chromates yellow and red

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Press Release: EFSA’s decisions refusing access to the toxicity and carcinogenicity studies on the active substance glyphosate are annulled

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Press Release: Advocate General Kokott proposes that the Court of Justice should rule that national courts must, on application by affected individuals, examine whether air sampling points were sited in accordance with the criteria set out in EU law

The limit values for sulphur dioxide, nitrogen dioxide, PM10, lead, benzene and carbon monoxide are exceeded where an exceedance has been established at one single sampling point.

Press Release: Advocate General Saugmandsgaard Øe: the Audiovisual Media Services Directive does not preclude the adoption by a Member State of a measure imposing an obligation to broadcast or retransmit a foreign television channel only in packages available for an additional fee, in order to restrict the dissemination by that channel to the public of that State of information inciting hatred

Such a measure is also compatible with the freedom to provide services laid down in Article 56 of the Treaty on the Functioning of the European Union.

Press Release: Advocate General Pitruzzella proposes that the Court rule that an e-commerce platform such as Amazon cannot be obliged to make a telephone number available to consumers

However, consumers must be guaranteed the choice of several different means of communication available for use, as well as rapid contact and efficient communication, and the information concerning those means of communication must be accessible, clear and comprehensible.

Press release: The Court annuls the decision suspending the Governor of the Central Bank of Latvia from office

By decision of 19 February 2018, the Korupcijas novēršanas un apkarošanas birojs (AntiCorruption Office, Latvia) adopted several measures in respect of Mr Ilmārs Rimšēvičs, Governor of Latvijas Banka (the Central Bank of Latvia), including a prohibition on performing his duties as Governor of the Central Bank of Latvia, an obligation to pay a surety and a prohibition on leaving the country without prior authorisation. Those measures were temporarily imposed on Mr Rimšēvičs in the context of a preliminary criminal investigation concerning acts of bribery and corruption which the person concerned is suspected of committing.

Press Release: The Organic production logo of the European Union cannot be placed on meat derived from animals that have been slaughtered in accordance with religious rites without first being stunned

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Press Release: Advocate General Wahl proposes that the Court of Justice should dismiss Austria’s action against the new German motorway charge

The fact that owners of vehicles registered in Germany benefit from a tax relief on the German motor vehicle tax in an amount that corresponds to the amount of the charge does not constitute discrimination on grounds of nationality.

Press Release: According to Advocate General Bot, the mechanism for the settlement of disputes between investors and States provided for by the free trade agreement between the EU and Canada is compatible with EU law

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