European Court of Justice (News)

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

Rina
Area of Freedom, Security and Justice
The victims of the sinking of a vessel, which sailed under the flag of Panama, may bring an action for damages before the Italian courts against the Italian organisations which classified and certified that vessel

CLCV and Others (Dispositif d’invalidation sur moteur diesel)
Environment and consumers
According to Advocate General Sharpston, a device that adjusts upwards the operation of the emission control system of diesel engine vehicles during the approval testing of those vehicles is a ‘defeat device’ prohibited by EU law

Készenléti Rendőrség
Freedom of movement for persons
The Working Time Directive applies to officers of the Hungarian Rapid Intervention Police responsible for surveillance of the external borders of the Schengen Area in the context of the migration crisis

Istituto nazionale della previdenza sociale
DISC
The Italian tax regime resulting from the Italian-Portuguese double taxation convention does not infringe the principles of freedom of movement and non-discrimination

Blue Air - Airline Management Solutions
Area of Freedom, Security and Justice
A passenger’s denied boarding on the ground that he presented allegedly inadequate travel documentation does not, in itself, deprive the passenger from protection under the Regulation on compensation and assistance to air passengers

Continuity of the European public administration of justice: the Court of Justice of the European Union provides for hearings to resume from 25 May 2020

Országos Idegenrendeszeti Főigazgatóság Dél-alföldi Regionális Igazgatóság
Area of Freedom, Security and Justice
According to Advocate General Pikamäe, the accommodation of asylum seekers in the Röszke transit zone at the Hungarian-Serbian border must be classified as ‘detention’

Ryanair
Transport
Air carriers must indicate, from the first time their price offers are published on the internet, the VAT on domestic flights and the fees charged for paying by credit card

Associazione Avvocatura per i diritti LGBTI
Principles of Community law
Homophobic statements constitute discrimination in employment and occupation when they are made by a person who has or may be perceived as having a decisive influence on an employer’s recruitment policy

Commission v Poland
Principles of Community law
Poland must immediately suspend the application of the national provisions on the powers of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges

The Court of Justice of the European Union adapts in order to guarantee the continuity of the European public administration of justice

Verein für Konsumenteninformation
Area of Freedom, Security and Justice
AG Campos Sánchez-Bordona: a company can be sued by the purchasers of vehicles that it manipulated before the courts of the Member State where the vehicles were purchased

Cali Apartments
Freedom of establishment
In the opinion of Advocate General Bobek the Services Directive is applicable to the short-term letting of furnished accommodation in the peer-to-peer economy

Landkreis Südliche Weinstraße
Freedom of movement for persons
A measure allowing a Land to make the bearing of school transport costs subject to a requirement of residence in that Land constitutes indirect discrimination against cross-border workers and their families

Stim and SAMI
Freedom of establishment
The hiring out of motor vehicles equipped with radio receivers does not constitute a communication to the public subject to payment of royalties

Caisse pour l'avenir des enfants (Enfant du conjoint d’un travailleur frontalier)
Freedom of movement for persons
A Member State is not entitled to refuse to pay a family allowance in respect of the child of the spouse of a frontier worker where there is no parent-child relationship with that worker