European Court of Justice (News)

Ordre des barreaux francophones and germanophone and Others
Citizenship of the Union
Measures to enforce a decision to expel a Union citizen and family members on grounds of public policy or public security constitute restrictions on the right to movement and residence, which may be justified if they are based exclusively on the personal conduct of the individual concerned and comply with the principle of proportionality

Latvijas Republikas Saeima (Points de pénalité)
Approximation of laws
EU data protection law precludes Latvian legislation which obliges the road safety authority to make the data relating to the penalty points imposed on drivers for road traffic offences accessible to the public

YouTube and Cyando
Approximation of laws
As currently stands, operators of online platforms do not, in principle, themselves make a communication to the public of copyright-protected content illegally posted online by users of those platforms

Ministerstwo Sprawiedliwości
Freedom of establishment
Advocate General Bobek: the Services Directive applies to disciplinary proceedings initiated against lawyers, the result of which may affect the ongoing ability of those lawyers to provide legal services

AB and Others
Advocate General Kokott: European arrest warrant for the abduction of the son of a former Slovak President to be issued after revocation of an amnesty

M.I.C.M.
Freedom of establishment
The systematic registration of IP addresses of users and the communication of their names and postal addresses to the holder of intellectual property rights or to a third party in order to enable an action for damages to be brought is permissible under certain conditions

Sharpston v Council and Conférence des Représentants des Gouvernements des États membres
Law governing the institutions
The Court of Justice confirms the dismissal of two actions for annulment brought by Ms Eleanor Sharpston, seeking a finding that the premature end of her mandate as Advocate General by virtue of the withdrawal of the United Kingdom of Great Britain and Northern Ireland was unlawful

Facebook Ireland and Others
Principles of Community law
General Data Protection Regulation (GDPR): the Court specifies the conditions for the exercise of the national supervisory authorities’ powers with respect to the cross-border processing of data

Allemagne - Ville de Paris and Others v Commission
Environment and consumers
Advocate General Bobek: the Court should dismiss the appeals against the General Court’s judgment annulling the excessive oxides of nitrogen emission limits the Commission set for real driving tests in the wake of the ‘dieselgate’ scandal

Bundesrepublik Deutschland () and individuelles")
Area of Freedom, Security and Justice
When considering an application for subsidiary protection, the competent authorities of the Member States must examine all the relevant circumstances which characterise the situation of the country of origin of the applicant in order to determine the intensity of an armed conflict

BNP Paribas Personal Finance
Environment and consumers
A consumer who has taken out a loan denominated in a foreign currency and who does not know that a term in the loan agreement is unfair cannot be subject to any limitation period for the repayment of sums paid on the basis of that term

KRONE - Verlag
Approximation of laws
An article in a printed newspaper that provides inaccurate health advice relating to the use of a plant which, when followed, has proved injurious to the health of a reader, does not constitute a defective product within the meaning of EU law

Ryanair v Commission
State aid
The General Court annuls the Commission decision approving the State aid granted by Germany to the airline Condor Flugdienst on the ground of an inadequate statement of reasons,

Dansk Erhverv v Commission
State aid
The General Court annuls the Commission decision finding that the non-charging of a deposit on certain drinks packaging sold by German border shops to customers resident in Denmark does not constitute State aid

Yanukovych v Council
External relations
The General Court annuls the Council’s 2019 acts extending the fund-freezing measures imposed on Viktor Yanukovych, former President of Ukraine, and his son, Oleksandr Yanukovych

Tesco Stores
SOPO
The principle, laid down by EU law, of equal pay for male and female workers can be relied upon directly, in respect both of ‘equal work’ and of ‘work of equal value’, in proceedings between individuals

Commission v Germany (Valeurs limites - NO2)
Environment and consumers
Between 2010 and 2016, Germany systematically and persistently exceeded the limit values for nitrogen dioxide (NO2)

Hungary v Parliament
Law governing the institutions
The Court dismisses Hungary’s action against the Parliament resolution triggering the procedure for determining the existence of a clear risk of a serious breach, by a Member State, of the values on which the European Union is founded

TEAM POWER EUROPE
Freedom of movement for persons
In order for it to be considered that it ‘normally carries out its activities’ in a Member State, a temporary-work agency must carry out a significant part of its activities of assigning temporary agency workers for the benefit of user undertakings established and carrying out their activities in the territory of the same Member State.

Puigdemont i Casamajó and Others v Parliament
Le vice-président du Tribunal de l’Union européenne suspend provisoirement la levée de l’immunité parlementaire de MM. Carles Puigdemont i Casamajó et Antoni Comín i Oliveres ainsi que de Mme Clara Ponsatí i Obiols