European Court of Justice (News)

Commission v Greece
State aid
Advocate General Tanchev proposes that the Court should rule that a national law that allows loan contracts concluded with foreign lenders who were not authorised to provide credit services in that country to be retroactively annulled is contrary to EU law when the same law does not apply to Croatian lenders

Levola Hengelo
Freedom of establishment
The taste of a food product is not eligible for copyright protection

Čepelnik
Freedom of establishment
Legislation of a Member State under which a recipient of services can be ordered to suspend payments and to pay a security to guarantee payment of a possible fine which might be imposed on the provider of services, established in another Member State, for an infringement of the labour law of the first Member State is contrary to EU law

Mad Dogg Athletics v EUIPO - Aerospinning Master Franchising (SPINNING)
Intellectual and industrial property
The General Court annuls EUIPO’s decision revoking the rights of the proprietor of the EU trade mark SPINNING

Dyson v Commission
Energy
The General Court annuls the regulation on the energy labelling of vacuum cleaners

Commission v Hungary
Freedom of establishment
The exclusive operation of a national mobile payment system by an undertaking controlled by the Hungarian State is contrary to EU law

Scuola Elementare Maria Montessori v Commission
State aid
The Court annuls the Commission’s decision not to order recovery of unlawful aid granted by Italy in the form of an exemption from municipal tax on real property

Kreuziger
Freedom of movement for persons
A worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave

Bauer
DFON
The heirs of a deceased worker may claim from the latter's former employer an allowance in lieu of the paid annual leave not taken by the worker

Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission
Competition
The President of the General Court rejects the application of Crédit agricole and JPMorgan Chase to prevent publication of the Commission decision regarding the EURIBOR cartel

Devin v EUIPO - Haskovo (DEVIN)
Intellectual and industrial property
DEVIN, the name of a Bulgarian town, can be registered as an EU trade mark for mineral water

Funke Medien NRW
Freedom of establishment
According to Advocate General Szpunar, a simple military report cannot enjoy copyright protection

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

Appointment of the First Advocate General of the Court of Justice