European Court of Justice (News)

Entry into office of new Members at the Court of Justice and at the General Court of the European Union

Italy v Commission
State aid
The General Court annuls the Commission’s decision that support measures adopted by a consortium governed by private law for the benefit of one of its members constituted ‘aid granted by a State’

Arib and Others
Area of Freedom, Security and Justice
An internal border of a Member State at which border control has been reintroduced cannot be equated with an external border within the meaning of the ‘Returns Directive’

Jawo
Area of Freedom, Security and Justice
An asylum seeker may be transferred to the Member State that is normally responsible for processing his application or that has previously granted him subsidiary protection unless the expected living conditions in that Member State of those granted international protection would expose him to a situation of extreme material poverty, contrary to the prohibition of inhuman or degrading treatment

Dunai
Environment and consumers
The Hungarian legislation excluding the retroactive cancellation of a loan contract denominated in a foreign currency which includes an unfair term relating to the exchange-rate risk is contrary to EU law

Dreyer
Social security for migrant workers
Welfare contributions aimed at funding social security benefits in France cannot be charged on income from the assets of French residents insured under the Swiss social security scheme

A & G Fahrschul-Akademie
Taxation
Motor vehicle driving tuition for categories B and C1 is not school or university education exempt from VAT

Y.Z. and Others
Area of Freedom, Security and Justice
Where they have been granted on the basis of falsified documents, residence permits obtained for the purpose of family reunification and long-term resident status may be withdrawn, even if the holders of such permits or status were unaware of the fraud committed

Commission v Czech Republic
Environment and consumers
The Court dismisses the Commission’s action against the Czech Republic concerning its refusal to ensure the take-back of 20 000 tonnes of a mixture called TPS-NOLO (Geobal) shipped to Poland from the Czech Republic

Blaise and Others
Agriculture and fisheries
Advocate General Sharpston: there is no factor affecting the validity of the Regulation concerning the placing of plant protection products on the market

Tjebbes and Others
Citizenship of the Union
EU law does not preclude the loss of the nationality of a Member State and, consequently, the loss of citizenship of the EU, where the genuine link between the person concerned and that Member State is durably interrupted

Izsák and Dabis v Commission
Law governing the institutions
The Commission erred in law by refusing to register the European citizens’ initiative aimed at improving the situation of national minority regions

Tweedale v EFSA
Law governing the institutions
EFSA’s decisions refusing access to the toxicity and carcinogenicity studies on the active substance glyphosate are annulled

Amazon EU
Environment and consumers
Advocate General Pitruzzella proposes that the Court rule that an e-commerce platform such as Amazon cannot be obliged to make a telephone number available to consumers

Craeynest and Others
Environment and consumers
Advocate General Kokott proposes that the Court of Justice should rule that national courts must, on application by affected individuals, examine whether air sampling points were sited in accordance with the criteria set out in EU law

Baltic Media Alliance
SERV
Advocate General Saugmandsgaard Øe: the Audiovisual Media Services Directive does not preclude the adoption by a Member State of a measure imposing an obligation to broadcast or retransmit a foreign television channel only in packages available for an additional fee, in order to restrict the dissemination by that channel to the public of that State of information inciting hatred

Línea Directa Aseguradora
Approximation of laws
Advocate General Bot proposes that the Court should declare that spontaneous burning of a vehicle parked in a private garage for more than 24 hours falls within the concept of ‘use of vehicles’

Associação Peço a Palavra and Others
Freedom of establishment
The conditions set by the Portuguese Government for the reprivatisation of TAP are compatible with EU law with the exception of the requirement to maintain and develop the existing national hub

SM
Citizenship of the Union
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that a child in the legal guardianship of an EU citizen under the Algerian Kafala system cannot be classed as a ‘direct descendant’ of that citizen

Brenta and Others
Agriculture and fisheries
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that a child in the legal guardianship of an EU citizen under the Algerian Kafala system cannot be classed as a ‘direct descendant’ of that citizen