European Court of Justice (News)

Natsionalna agentsia za prihodite
Principles of Community law
Unlawful access to personal data by third parties leads to liability for presumed fault on the part of the controller and may give rise to non-material damage for which compensation can be awarded

OHB System v Commission
Public procurement
Galileo Programme: OHB System’s action against award of transition satellite contract to Thales Alenia Space Italia and Airbus Defence & Space dismissed

Commission v Poland () and vie privée des juges)
Principles of Community law
Rule of law: the amount of the daily penalty payment which Poland is required to pay is reduced from one million to 500 000 euros

Commission v Poland () and vie privée des juges)
Principles of Community law
État de droit : le montant de l’astreinte journalière imposée à la Pologne est réduit d’un million à 500 000 euros

The final of the "European Law Moot Court" competition will take place tomorrow, April 21, at the Court of Justice of the European Union in Luxembourg

Intervyuirasht organ na DAB pri MS (Femmes victimes de violences domestiques)
Area of Freedom, Security and Justice
Honour crime, forced marriage and domestic violence: Advocate General Richard de la Tour clarifies under which conditions third-country nationals may be eligible for international protection

Blue Air Aviation
Freedom of establishment
The broadcasting of a musical work as background music in a means of passenger transport constitutes a communication to the public within the meaning of EU law

Autorità Garante della Concorrenza e del Mercato (Commune de Ginosa)
Freedom of establishment
Concessions authorising the exploitation of Italian beaches may not be renewed automatically but must be subject to an impartial and transparent selection procedure

Afrin
Area of Freedom, Security and Justice
Family reunification: European Union law precludes national legislation which requires, without exception, that an application for family reunification be submitted in person at a competent diplomatic post

E. D. L. (Motif de refus fondé sur la maladie)
Area of Freedom, Security and Justice
European arrest warrant: a manifest risk that the health of the requested person will be jeopardised justifies temporarily suspending his or her surrender and obliges the executing authority to ask the issuing authority for information concerning the conditions in which it intends to prosecute or detain that person

Significant amendments to the Rules of Procedure of the General Court of the European Union will come into force on 1 April

Xella Magyarország
Free movement of capital
Advocate General Ćapeta: EU law does not, in principle, preclude national legislation which allows for the screening of foreign direct investment of third country provenance even if implemented via an EU-based company

Volkswagen Group Italia and Volkswagen Aktiengesellschaft
Area of Freedom, Security and Justice
According to Advocate General Campos Sánchez-Bordona, Volkswagen cannot be penalised in Italy for ‘Dieselgate’, after having been penalised in Germany, if there has not been sufficient coordination between the penalty proceedings of both States

Green Network (Injonction de remboursement de frais)
Freedom of establishment
National regulatory authorities for energy may have the power to order electricity undertakings to repay sums received in breach of consumer protection requirements

Hauptpersonalrat der Lehrerinnen und Lehrer
Principles of Community law
Live streaming by videoconference of classes in state school education falls within the scope of the GDPR

Wizz Air Hungary v Commission () and aide au sauvetage)
State aid
The action against the Commission’s decision approving the aid granted by Romania to the airline Blue Air in the context of the Covid-19 pandemic is dismissed in its entirety

Syndicat Uniclima
Environment and consumers
Fire safety in establishments open to the public: Member States may not impose additional requirements on pressure equipment bearing the CE marking for the purposes of making that equipment available on the national market

Daimler (Responsabilité des constructeurs de véhicules munis de dispositifs d’invalidation)
Environment and consumers
The purchaser of a vehicle equipped with an unlawful defeat device has a right to compensation from the car manufacturer where that device has caused damage to that purchaser

Saatgut-Treuhandverwaltung (KWS Meridian)
Agriculture and fisheries
Protection of plant variety rights: no minimum level of compensation set

SCHUFA Holding and Others (Scoring)
Principles of Community law
Advocate General Pikamäe: the automated establishment of a probability concerning the ability of a person to service a loan constitutes profiling under the GDPR