The appeal against the order of the Vice-President of the General Court dismissing Mr Junqueras i Vies’s application for interim measures is also dismissed By this order, the Vice-President of the Court of Justice dismisses Mr Junqueras i Vies’s appeal. The Vice-President confirms that, when a seat is vacant because the mandate of a Member […]
The TJUE agrees with Messi and endorses the registration of his trademark
The Court of Justice dismisses the appeals brought by EUIPO and a Spanish company against the judgment of the General Court authorising football player Lionel Messi to register the trade mark ‘MESSI’ for sports equipment and clothing In August 2011, the footballer Lionel Andrés Messi Cuccittini filed an application with the European Union Intellectual Property […]
The CJEU rules against the Italian law which prevents Vivendi from acquiring 28% of the capital of Mediaset
That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information In 2016, the French company Vivendi SA, which is the parent company of a group active in the media sector and in the creation and distribution of audiovisual content, launched […]
The CJEU invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield
However, it considers that Commission Decision 2010/87 on standard contractual clauses for the transfer of personal data to processors established in third countries is valid. GDPR and the transfer of data The General Data Protection Regulation (‘the GDPR’) provides that the transfer of such data to a third country may, in principle, take place only […]
The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple
The General Court annuls the contested decision because the Commission did not succeed in showing to the requisite legal standard that there was an advantage for the purposes of Article 107 TFEU. In 2016 the Commission adopted a decision concerning two tax rulings issued by the Irish tax authorities (Irish Revenue) on 29 January 1991 […]
Judgment of the CJEU on the sale of vehicles unlawfully manipulated by the manufacturer
A motor vehicle manufacturer whose unlawfully manipulated vehicles are resold in other Member States may be sued in the courts of those States The damage suffered by the purchaser occurs in the Member State in which he purchases the vehicle for a price higher than its actual value The Verein für Konsumenteninformation (VKI), an Austrian […]
Judgment of the CJEU on homophobic discrimination in the workplace
Homophobic statements constitute discrimination in employment and occupation when they are made by a person who has or may be perceived as having a decisive influence on an employer’s recruitment policy. In the judgment in Associazione Avvocatura per i diritti LGBTI (C-507/18), delivered on 23 April 2020, the Court held that statements made by a […]
Poland, Hungary and the Czech Republic have failed to fulfil their obligations under European Union law
Those Member States can rely neither on their responsibilities concerning the maintenance of law and order and the safeguarding of internal security, nor on the alleged malfunctioning of the relocation mechanism to avoid implementing that mechanism. In the judgment in Commission v Poland, Hungary and the Czech Republic (C-715/17, C-718/17 and C-719/17), delivered on 2 […]
Judgment of the ECJ on the imposition of compensation claims for flight delays
A passenger who reserved his or her flight through a travel agency may bring an action for compensation for a long flight delay against the air carrier before the courts of the place of departure of the flight By it judgment, the Court notes, first of all, that the concept of an operating air carrier […]