European Court of Justice (News)

PL Holdings
DGEN
EU law prohibits the conclusion by a Member State of an arbitration agreement with identical content to an invalid arbitration clause in a bilateral investment treaty between Member States

Okrazhna prokuratura - Varna
Area of Freedom, Security and Justice
The Court provides guidance on specific provisions of the directive on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union

Polskie Linie Lotnicze "LOT" v Commission
Competition
The General Court dismisses the actions of Polskie Linie Lotnicze ‘LOT’ against the Commission decisions authorising the mergers concerning the acquisition by easyJet and Lufthansa, respectively, of certain assets of the Air Berlin group

Election of the Presidents of the Chambers of three Judges of the Court of Justice

Mr Maciej Szpunar is elected First Advocate General of the Court of Justice

Mr Lars Bay Larsen is elected Vice-President of the Court of Justice of the European Union

Election of a President of a Chamber of the General Court of the European Union

Election of the Presidents of the Chambers of five Judges of the Court of Justice

Mr Koen Lenaerts is re-elected as President of the Court of Justice of the European Union

Partial renewal of membership and entry into office of nine new Members of the Court of Justice

Commission v Poland
Principles of Community law
La vice-présidente de la Cour rejette la demande de la Pologne de rapporter l’ordonnance du 14 juillet 2021 qui exige la suspension immédiate de l’application de dispositions nationales relatives notamment aux compétences de la chambre disciplinaire de la Cour suprême

Nord Stream 2 v Parliament and Council
Energy
Advocate General Bobek: Nord Stream 2 AG can challenge before the EU Courts the directive extending the scope of the Gas Directive to pipelines connecting the EU with third countries

Parliament v Council (Siège de l’Autorité européenne du travail) and in Joined Cases C-59/18 Italy v Council and
Law governing the institutions
Advocate General Bobek: The Court has no jurisdiction over the decisions of the representatives of the Member States locating the new seats of the European Medicines Agency and of the European Labour Authority

Landespolizeidirektion Steiermark
Area of Freedom, Security and Justice
According to Advocate General Saugmandsgaard Øe, a Member State faced with persistent serious threats to public policy or internal security may reintroduce controls at its internal borders for longer than only six months

A (Franchissement de frontières en navire de plaisance)
Area of Freedom, Security and Justice
A Member State may require its nationals to carry a valid identity card or passport when travelling to another Member State, irrespective of the means of transport used and the itinerary, subject to sanctions.

Sumal
Competition
The victim of an infringement of EU competition law committed by a parent company may seek compensation from that company’s subsidiary for the resulting loss

Consorzio Italian Management e Catania Multiservizi and Catania Multiservizi
Law governing the institutions
The Court clarifies its case-law in Cilfit concerning the situations in which national courts or tribunals of last instance are not subject to the obligation to make a reference for a preliminary ruling

LU
Area of Freedom, Security and Justice
L’application du principe de reconnaissance mutuelle aux sanctions pécuniaires s’oppose à ce que l’autorité d’exécution remette en cause la qualification juridique donnée par l’autorité d’émission à l’agissement sanctionné

W. Ż. () and des affaires publiques de la Cour suprême - nomination)
Principles of Community law
Transfers without consent of a judge from one court to another or between two divisions of the same court are liable to undermine the principles of the irremovability of judges and judicial independence

The Treaties do not prohibit the Council from waiting, before adopting the decision concluding the Istanbul Convention on behalf of the European Union, for the ‘common accord’ of the Member States, but the Council cannot alter the procedure for concluding that convention by making that conclusion contingent on the prior establishment of such a ‘common accord’