European Court of Justice (News)

Despite the unprecedented constraints linked to the pandemic situation, the Court of Justice of the European Union maintained a high level of activity in 2020

Euro Box Promotion and Others
Law governing the institutions
According to Advocate General Bobek, decisions of a constitutional court declaring unlawful the composition of panels of a supreme court on the ground that the right to an independent and impartial tribunal has been infringed and declaring unconstitutional the technical surveillance measures in criminal proceedings by domestic intelligence service are compatible with EU law

Commission v Fútbol Club Barcelona
State aid
The Court of Justice sets aside the judgment of the General Court by which the Commission’s decision classifying as State aid the tax scheme of four Spanish professional football clubs had been annulled

Commission v Hungary
Area of Freedom, Security and Justice
According to Advocate General Rantos, by imposing criminal penalties on organising activities intended to enable persons to initiate the international protection procedure who do not fulfil the national criteria for the grant of that protection, Hungary has failed to fulfil its obligations under EU law

ClientEarth v Commission
Research, information, education, statistics
In the opinion of Advocate General Juliane Kokott, the Commission’s decision refusing to review the authorisation of the plasticiser DEHP (bis(2ethylhexyl) phthalate) should be annulled

WABE
SOPO
According to Advocate General Rantos, an employer can authorise, as part of a policy of neutrality, the wearing by its employees of small-scale religious signs

Commission v Spain (Directive données à caractère personnel - Domaine pénal)
Area of Freedom, Security and Justice
On account of its ongoing failure to transpose a directive and to notify transposition measures, Spain is ordered to pay a lump sum of € 15 million and a daily penalty payment of € 89 000

Slovak Telekom
Competition
Slovak Telekom, found liable by the Commission for abuse of a dominant position on the market for certain telecommunications services, could also be subject to sanctions imposed by the Slovak authorities for such abuse on the market for other telecommunications services

Caisse pour l'avenir des enfants
SOPO
A Member State cannot make entitlement to parental leave subject to the requirement that the parent was employed at the time of the birth or adoption of the child

Les Chirurgiens-Dentistes de France and Others
Freedom of movement for persons
Member States may authorise partial access to one of the professions covered by the mechanism for the automatic recognition of professional qualifications, which include certain healthcare professions

Dalli v Commission
Law governing the institutions
The Court confirms the dismissal of the action brought by the former European Commissioner John Dalli

Silcompa
Approximation of laws
Lorsqu’un produit soumis à accise, tel que l’alcool, est exporté irrégulièrement au sein de l’Union, les décisions des autorités des États membres concernés ne peuvent pas aboutir à un double recouvrement des droits correspondants

MCP
Area of Freedom, Security and Justice
According to Advocate General Rantos, the courts of a Member State have jurisdiction in a parental dispute in the case where a child, who was habitually resident in that Member State, is wrongfully removed to a non-Member State where he or she acquires habitual residence

FIGC and Consorzio Ge.Se.Av.
Freedom of establishment
A national sports federation, such as the Italian Football Federation, may be subject to the rules on the award of public contracts if it pursues activities of general interest not having an industrial or commercial character

Fussl Modestraße Mayr
Freedom of establishment
The prohibition on broadcasting advertising only at regional level within the framework of German television programmes broadcast at national level could be contrary to European Union law

Commission v Hungary (Valeurs limites - PM10)
Environment and consumers
Hungary has infringed the rules of EU law on ambient air quality

Consob
Freedom of establishment
Natural persons who are subject to an administrative investigation for insider dealing have the right to remain silent when their answers might establish their liability for an offence that is punishable by administrative sanctions of a criminal nature, or their criminal liability

ClientEarth v EIB
Environment and consumers
Curtis project in Spain: The EIB must accept ClientEarth's request for an internal review

Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie
SOPO
The practice adopted by an employer and consisting in the payment of an allowance only to workers with disabilities who have submitted disability certificates after a date chosen by that employer may constitute direct or indirect discrimination on the grounds of disability

Hessischer Rundfunk
Economic policy
A euro area Member State can oblige its administration to accept payments in cash, but can also limit that payment option on public interest grounds