European Court of Justice (News)

I.
Principles of Community law
According to Advocate General Priit Pikamäe, a database containing personal data may, under certain conditions, be sold in enforcement proceedings, even if the data subjects have not consented to the sale

Romania v Commission
Law governing the institutions
The decision to register partially the European Citizens’ Initiative (ECI) ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’ is upheld following the dismissal of Romania’s appeal

Deutsche Rentenversicherung Bund
Freedom of movement for persons
Taking into account of child-raising periods completed in another Member State when calculating a pension for total incapacity for work

Direcţia pentru Evidenţa Persoanelor şi Administrarea Bazelor de Date
Citizenship of the Union
Citizenship: the refusal by a Member State to issue to one of its nationals, in addition to a passport, an identity card serving as a travel document, on the sole ground that he or she is domiciled in another Member State, is contrary to EU law

Papouis Dairies and Others v Commission
Agriculture and fisheries
The General Court dismisses an action brought against registration of the name ‘Halloumi’ as a protected designation of origin

PAN Europe v Commission
Agriculture and fisheries
Plant protection products: the identification of certain risks associated with the use of insecticides does not preclude the renewal of the approval of an active substance

X
A fixed-term worker must be informed of the reasons for the termination of his or her employment contract with a notice period where the provision of such information is required for a permanent worker

Bytedance v Commission
Digital Markets Act: the application by Bytedance (TikTok) seeking suspension of the Commission decision designating it as a gatekeeper is dismissed

Real Madrid Club de Fútbol
Area of Freedom, Security and Justice
First Advocate General Szpunar: manifest breach of freedom of expression may constitute a ground for refusal of enforcement

Bundesrepublik Deutschland
Area of Freedom, Security and Justice
A judgment of the Court of Justice can constitute a new element justifying a fresh examination of the substance of the asylum application

Ryanair v Commission (KLM II ; COVID-19)
State aid
State aid in the context of the COVID-19 pandemic: the General Court annuls the approval of State aid from the Netherlands amounting to €3.4 billion in favour of KLM

Scania and Others v Commission
Competition
Cartel on the truck market: the Court dismisses Scania’s appeal

Symphony Environmental Technologies and Symphony Environmental v Parliament and Others
Law governing the institutions
Products made from oxo-degradable plastic: the General Court endorses the prohibition on the placing on the market

Dyrektor Izby Administracji Skarbowej w Lublinie
Taxation
VAT fraud: Employee using her employer’s details to issue fake invoices is liable for the amount of the taxes entered on them

Reti Televisive Italiane
Freedom of establishment
Hourly limit for television publicity spots: promotional announcements for radio programmes broadcast on television channels belonging to the same corporate group are not, in principle, announcements about those television channels’ own programmes

Direktor na Glavna direktsia "Natsionalna politsia" pri MVR - Sofia
Area of Freedom, Security and Justice
Right to erasure: the general and indiscriminate storage of biometric and genetic data of persons convicted of criminal offences, until their death, is contrary to EU law

Landeshauptmann von Wien
Area of Freedom, Security and Justice
A recognised unaccompanied minor refugee has the right to family reunification with his or her parents even if he or she reached the age of majority during the family reunification procedure

Bundesrepublik Deutschland
Area of Freedom, Security and Justice
Advocate General Medina: Member States are not bound to recognise refugee status granted in another Member State

Audi
Intellectual and industrial property
European Union trade mark: a car manufacturer can prohibit the use of a sign identical or similar to the trade mark it owns for spare parts

Laudamotion
Transport
Passengers who did not present themselves for boarding for a flight which arrived with a long delay or who purchased a ticket for an alternative flight and arrived at the destination with a delay of less than three hours are not entitled to fixed compensation