European Court of Justice (News)

Colt Technology Services and Others
Telecommunications operators may be obliged to provide, upon request from a judicial authority, communication interception operations in return for a fixed rate

Commission v Bulgaria (Double manquement - Pollution par les PM10)
Law governing the institutions
The Commission’s first action for a twofold failure to fulfil obligations in relation to air pollution is inadmissible

Towercast
Competition

The prohibition of abuse of a dominant position laid down by the Treaties permits an ex post control, at national level, of a concentration of undertakings with a non-Community dimension

Royal Antwerp Football Club
Freedom of movement for persons
Football: according to Advocate General Szpunar the UEFA rules on home-grown players are partially incompatible with EU law

Les Mousquetaires and ITM Entreprises v Commission
Competition
The Court sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices

Prigozhina v Council
External relations
The General Court annuls the restrictive measures applied to Ms Violetta Prigozhina, mother of Mr Yevgeniy Prigozhin, in the context of Russia’s war against Ukraine

Judicial statistics 2022: proceedings marked by the major issues facing today’s world (the rule of law, the environment, the protection of privacy in the digital era and so forth) and by the restrictive measures adopted by the European Union in the context of the war in Ukraine

Stadt Frankfurt (Oder) and FWA
Approximation of laws
Drinking water policy: according to Advocate General Medina, Member States are obliged not to authorise a project that may cause a deterioration in the quality of a body of water

Krajowa Rada Sądownictwa (Maintien en fonctions d’un juge)
Law governing the institutions
Advocate General Athanasios Rantos doubts whether the mechanism whereby the KRS authorises Polish judges to continue to hold judicial office beyond retirement age offers sufficient guarantees of independence

MÁV-START
Daily rest is additional to weekly rest even when it directly precedes the latter

Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass Industry v Commission
External relations
A subsidy granted by China can be attributed to Egypt as the country of origin or export of a product subject to countervailing measures

Fenix International
Taxation
Online platforms and VAT collection: the Council did not exceed the limits of its implementing power in specifying that the operator of a platform, such as Only Fans, is presumed to be the supplier of the services provided

Bank M. (Conséquences de l’annulation du contrat)
Approximation of laws
Advocate General Collins: after the annulment of a mortgage loan agreement due to unfair terms, consumers may assert claims against banks that go beyond reimbursement of monetary consideration; banks may not

China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v Commission
External relations
Anti-Dumping Challenge: Advocate General Medina suggests the Court should recognise the legal standing of the China Chamber of Commerce as a representative association

Asociaţia "Forumul Judecătorilor din România"
Principles of Community law
Advocate General Emiliou: a procedure for promotion of judges based on an assessment of their work and conduct by a board composed of the President and judges of the relevant higher court is compatible with EU law

Chief Appeals Officer and Others
Principles of Community law
Advocate General Ćapeta: an EU mobile worker’s mother can claim a social benefit without this calling into question her right of residence

Lufthansa Technik AERO Alzey
Area of Freedom, Security and Justice
The Court clarifies the concept of ‘exceptional circumstances’ permitting the competent judicial authority to stay the enforcement of a judgment certified as a European Enforcement Order

Rzecznik Praw Dziecka and Others (Suspension de la décision de retour)
EU law precludes national authorities being able, without needing to provide justification, to obtain the suspension of a final decision requiring the return of a child

HYA and Others (Motivation des autorisations des écoutes téléphoniques)
Approximation of laws
A decision authorising telephone tapping need not contain individualised reasons

Tráficos Manuel Ferrer
Competition
Actions for damages in respect of infringements of competition law: the relevant EU law does not preclude a national rule according to which, in the event that the claim is upheld in part, costs are to be borne by each party, who therefore bears half of the common costs