European Court of Justice (News)

A and Others () and à Nevele)
Environment and consumers
An order and a circular that set out the general conditions for the grant of development consent for the installation and operation of wind turbines must themselves be the subject of a prior environmental assessment

Varhoven kasatsionen sad na Republika Bulgaria
Freedom of movement for persons
Workers are entitled, for the period between an unlawful dismissal and reinstatement as an employee, to annual paid leave or, at the end of the employment relationship, to a payment in lieu of such leave not taken

Ryanair Designated Activity Company
Area of Freedom, Security and Justice
A family member of an EU citizen who is not a national of a Member State but who holds a permanent residence card shall be exempt from the visa requirement for entry into the territory of the Member States.

Commission v Hungary (Transparence associative)
Free movement of capital
The restrictions imposed by Hungary on the financing of civil organisations by persons established outside that Member State do not comply with EU law

TÜV Rheinland LGA Products and Allianz IARD
DISC
The general prohibition of discrimination on grounds of nationality cannot be the basis for challenging a clause, contained in a contract concluded between a manufacturer of medical devices and an insurance company, that places a territorial limit on civil liability insurance coverage

Alianța pentru combaterea abuzurilor
Environment and consumers
The strict protection of animal species provided for in the Habitats Directive also extends to specimens that leave their natural habitat and stray into human settlements

Prezident Slovenskej republiky
Freedom of establishment
The fact that in the Slovak Republic, the power to appoint and to dismiss the president of the national regulatory authority passed from the President of the Republic to the government does not in itself constitute an infringement of the electricity market directive

ratiopharm
Approximation of laws
Pharmaceutical companies may not distribute to pharmacists free samples of medicinal products available only on prescription

Transportes Aéreos Portugueses
Transport
The unruly behaviour of an air passenger may constitute an ‘extraordinary circumstance’ capable of exempting the carrier from its obligation to pay compensation for the cancellation or long delay of the flight concerned or of a subsequent flight operated by that carrier using the same aircraft

Commission v Dôvera zdravotná poistʼovňa
State aid
The Court of Justice upholds the decision of the Commission according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid

Lundbeck v Commission
Competition
Advocate General Kokott proposes that the Court of Justice should uphold the fine of almost €94 million imposed on the Lundbeck pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram

CK Telecoms UK Investments v Commission
Competition
The General Court annuls the Commission’s decision to block the proposed acquisition of Telefónica UK by Hutchison 3G UK in the sector of the mobile telephony market

Council v K. Chrysostomides & Co. and Others
Law governing the institutions
According to Advocate General Pitruzella, the Courts of the European Union do not have jurisdiction to hear actions for damages brought against the Euro Group

Hungary v Parliament and Council
Advocate General Sánchez-Bordona proposes that the Court of Justice should dismiss the actions for annulment brought by Hungary and Poland against the Directive strengthening posted workers’ rights

Nord Stream 2 v Parliament and Council
Energy
The General Court of the European Union declares that the actions brought by Nord Stream AG and Nord Stream 2 AG against Directive 2019/692, which extends certain rules of the internal market in natural gas to pipelines from third countries, are inadmissible

Presidenza del Consiglio dei Ministri
Area of Freedom, Security and Justice
Advocate General Bobek: Member States must grant compensation to any victim of a violent intentional crime, regardless of his or her residence

Országos Idegenrendeszeti Főigazgatóság Dél-alföldi Regionális Igazgatóság
Area of Freedom, Security and Justice
The placing of asylum seekers or third-country nationals who are the subject of a return decision in the Röszke transit zone at the Serbian-Hungarian border must be classified as ‘detention’

Volotea v Commission
State aid
The General Court dismisses the actions against the Commission decision declaring illegal the aid from Italy to several airlines serving Sardinia

Press release following the judgment of the German Constitutional Court of 5 May 2020

Austria v Commission
State aid
Advocate General Hogan: the Court should reject Austria’s appeal in UK State Aid Case