European Court of Justice (News)

Confédération paysanne
Approximation of laws
Advocate General Ćapeta: melons and tomatoes from the territory of Western Sahara must bear a ‘country of origin’ label reflecting their origin in that territory

Commission v Front Polisario
External relations
Advocate General Ćapeta: the General Court erred in annulling the decision approving, on behalf of the European Union, a preferential tariff agreement with the Kingdom of Morocco relating to the territory of Western Sahara

Commission v Front Polisario
External relations
Advocate General Ćapeta: the Court of Justice should annul the Council decision concluding the Sustainable Fisheries Partnership Agreement with the Kingdom of Morocco

LEA
Culture
Italian legislation under which independent companies established in another Member State are excluded from copyright management is incompatible with EU law

Cobult
Transport
Rights of airline passengers: the passenger is deemed to have accepted reimbursement of the cost of the ticket by travel voucher where, while filling in a form on the website of the air carrier, he or she has waived reimbursement of the cost of the ticket by a sum of money

Landeshauptstadt Wiesbaden
Area of Freedom, Security and Justice
The mandatory insertion in identity cards of two fingerprints is compatible with the fundamental rights to respect for private life and to protection of personal data

Újpesti Polgármesteri Hivatal
Principles of Community law
Protection of personal data: the supervisory authority of a Member State may order the erasure of unlawfully processed data even in the absence of a prior request by the data subject

Commission v United Kingdom
The United Kingdom has infringed EU law as a result of a judgment of its Supreme Court

D & A Pharma v Commission and EMA
Marketing authorisations for medicinal products: the European Medicines Agency (EMA) must ensure that the experts it consults do not have a conflict of interest

Kolin Inşaat Turizm Sanayi ve Ticaret
Freedom of establishment
AG Collins: only economic operators established in countries party to international agreements on public contracts that bind the EU may rely on provisions of the Public Procurement Directives

IAB Europe
Auctioning of personal data for advertising purposes: the Court of Justice clarifies the rules under the GDPR

Puma v EUIPO - Handelsmaatschappij J. Van Hilst
Intellectual and industrial property
The prior disclosure of a Puma shoe model by the artist Rihanna results in the invalidity of a registered Community design

Kočner v EUROPOL
Principles of Community law
Data processing: Europol and the Member State in which damage has occurred arising from unlawful data processing carried out in the context of cooperation between Europol and that Member State are to be jointly and severally liable for that damage

Public.Resource.Org and Right to Know v Commission and Others
Law governing the institutions
The European harmonised technical standards on the safety of toys should be accessible to EU citizens

Défense Active des Amateurs d’Armes and Others
Approximation of laws
Prohibition of semi-automatic weapons: Member States wishing to maintain previous authorisations for those weapons may also provide for this concerning weapons converted to fire blank ammunition

Visit to the Court of Justice of the European Union by the President of the Czech Republic, Mr Petr Pavel

Bundesamt für Fremdenwesen und Asyl (Conversion religieuse ultérieure)
Area of Freedom, Security and Justice
An asylum application based on a religious conversion taking place subsequently to the departure from a person’s country of origin may not be rejected automatically as abuse

Doctipharma
Agriculture and fisheries
Distance selling of medicinal products without a prescription: the Court clarifies the conditions under which a Member State may prohibit a service connecting pharmacists and customers for the online sale of medicinal products

Scandlines Danmark and Scandlines Deutschland v Commission
State aid
State aid: the General Court dismisses the actions regarding the financing of the Fehmarn Belt fixed link project between Denmark and Germany

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