European Court of Justice (News)

Sciotto
SOPO
Workers in the sector of activity of operatic and orchestral foundations cannot be excluded from protection against the abuse of fixed-term employment contracts

Commission v Poland
Poland must immediately suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges

Bastei Lübbe
Freedom of establishment
The owner of an internet connection used for copyright infringements through file-sharing cannot be exonerated from liability simply by naming a family member who might have had access to that connection

‘e-Curia’ becomes the only means of exchange of legal documents between parties’ representatives and the General Court with effect from 1 December 2018

Arib and Others
Area of Freedom, Security and Justice
Advocate General Szpunar proposes that the Court should rule that the ‘Returns Directive’ must be applied to third-country national where internal border controls have been reinstated

Appointment of the First Advocate General of the Court of Justice

Election of the Presidents of the Chambers of three Judges of the Court of Justice

Election of the Presidents of the Chambers of five Judges of the Court of Justice

Ms Rosario Silva de Lapuerta is elected Vice-President of the Court of Justice of the European Union

Mr Koen Lenaerts is re-elected President of the Court of Justice of the European Union

Partial renewal of the membership of and entry into office of six new Members of the Court of Justice

Weiss and Others
Economic policy
Advocate General Wathelet proposes that the Court of Justice should rule that the decision of the ECB establishing a programme for the purchase of government bonds on secondary markets is valid

Commission v France
Freedom of establishment
The Conseil d’État should have referred a question to the Court for a preliminary ruling concerning the interpretation of EU law, in order to determine whether it was necessary to refuse to take into account the tax incurred by a non-resident subsidiary on the profits underlying dividends redistributed by a non-resident company

Kamenova
Environment and consumers
A person who publishes a number of sales advertisements on a website is not automatically a ‘trader’

Società Immobiliare Al Bosco Srl
Area of Freedom, Security and Justice
The Brussels I Regulation does not preclude legislation of a Member State which provides for the application of a time limit for the enforcement of a preventive attachment order from being applied in the case of such an order which has been adopted in another Member State and is enforceable in the Member State in which enforcement is sought

Feniks
Area of Freedom, Security and Justice
A creditor’s action seeking to render a fraudulent disposal of property by its debtor ineffective as regards that creditor is a ‘matter related to a contract’ within the meaning of the regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

L.E.G.O.
Environment and consumers
The requirement to submit sustainability certificates imposed by Italy on intermediaries which do not take physical possession of the bioliquids which are the subject of the transaction in which those intermediaries are involved complies with EU law

Dicu
SOPO
A provision of national law which, for the purpose of determining the duration of paid annual leave to which a worker is entitled, does not include a period of parental leave taken by that worker complies with EU law

France v Parliament
Law governing the institutions
The European Parliament may exercise some of its budgetary powers in Brussels, instead of Strasbourg, if that is required for the proper functioning of the budgetary procedure

OTP Bank and OTP Faktoring
Environment and consumers
The unfairness of an unclear contractual term which places the exchange rate risk on the borrower and does not reflect statutory provisions may be subject to judicial review