Case archive

ECJ: UK discriminated against transgender woman denied pension at 60

The European Court of Justice (ECJ) has ruled that the UK discriminated against a transgender woman who was denied a pension on reaching the retirement age for women.

European Court of Justice 26 June 2018

CJEU: 'Spouse' includes those of the same sex for freedom of residence rights purposes

The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex, the Court of Justice of the European Union has ruled.

European Court of Justice 5 June 2018

Advocate General Sharpston clarifies 'emanation of the state' criteria for certain claims

Advocate General Sharpston  has clarified the criteria for determining an "emanation of the state" for the purposes of establishing the bodies against which an individual may bring a claim based on rights under an EU directive which has not been transposed correctly into national law. The concept of an ‘emanation of the State’ must be construed purposively. It is not essential that such a body should possess ‘special powers’ in every case.

European Court of Justice 23 June 2017

Luxembourg: Assets of al-Assad's businessman cousin frozen for another year

The fund-freezing measures imposed on Rami Makhlouf, cousin of Syria's President Bashar al-Assad, must be maintained for the period 2016-2017, the General Court of the European Union has confirmed.

European Court of Justice 19 May 2017

Air carriers must compensate passengers not timeously informed of cancelled flights

An air carrier which is unable to prove that a passenger was informed of the cancellation of his flight more than two weeks before the scheduled time of departure is required to pay compensation to that passenger – this applies not only when the contract for carriage was concluded directly between the passenger and the air carrier, but also when it was concluded through an online travel agency, the Court of Justice of the European Union has ruled.

European Court of Justice 12 May 2017

Absolute prohibition on dental care advertising incompatible with EU law

A general and absolute prohibition of any advertising for the provision of oral and dental care services is incompatible with EU law but objectives relating to the protection of public health and of the dignity of the profession of dentistry may, nevertheless, justify supervision of the form and manner of the communication tools used by dentists, the Court of Justice of the European Union has ruled.

European Court of Justice 8 May 2017

Exclusion of police candidate based on age compatible with EU law

in the competition was that candidates should be under 35 years of age. In the view of M. Salaberria Sorondo, who was more than 35 years old when he participated in the competition, there were no reasonable grounds for the age limit imposed by the notice restricting access to the public service.

European Court of Justice 16 November 2016

Luxembourg: Where lending of e-books is treated akin to traditional books, the public lending exception applies

The lending of an electronic book (e-book) may, under certain conditions, be treated in the same way as the lending of a traditional book. In such a situation, the public lending exception, which provides inter alia for the fair remuneration of authors, is applicable, the Court of Justice of the European Union has ruled.

European Court of Justice 14 November 2016

Solved: Rubik's Cube shape is not EU trademark, rules Luxembourg

The Rubik’s Cube shape is not an EU trademark and its non-visible functional elements including its rotating ability should have been considered when it was registered, the Court of Justice of the European Union (CJEU) has ruled.

European Court of Justice 11 November 2016

CJEU: Ireland’s procedure for accepting applications for subsidiary protection incompatible with EU law

The Court of Justice of the European Union (CJEU) has ruled that a 15-day time limit imposed by Ireland on failed refugee applicants to apply to the Minister for Justice and Equality for subsidiary protection, compromises the ability of applicants to avail themselves of the rights conferred on them by EU law, and can not reasonably be justified.

European Court of Justice 21 October 2016

ECJ: Fixed-price system for prescription drugs breaks free movement rules

The European Court of Justice (ECJ) has ruled that a fixed-price system for the sale by pharmacies of prescription-only medicinal products for human use is incompatible with the free movement of goods.

European Court of Justice 20 October 2016

AG Sharpston: Court of Justice should annul measures keeping Tamil Tigers and Hamas on terror list

Advocate General Sharpston has stated that the Court of Justice of the European Union should annul the measures maintaining Hamas and LTTE on the EU list of terrorist organisations, on procedural grounds.

European Court of Justice 28 September 2016

Commission did not err in accepting Thomson Reuters commitments over datafeeds abuse

The General Court of the European Union has confirmed the Commission’s decision to accept the commitments of Thomson Reuters intended to remedy its abuse of a dominant position in the market for consolidated real-time datafeeds.

European Court of Justice 20 September 2016

Shop operators who offer free Wi-Fi not liable for users' copyright infringements – though may require to password-protect

The operator of a shop who offers a Wi-Fi network free of charge to the public is not liable for copyright infringements committed by users of that network but may be required to password-protect its network in order to bring an end to, or prevent, such infringements, the Court of Justice of the European Union has ruled.

European Court of Justice 16 September 2016

Advocate General Saugmandsgaard Øe: General data retention obligation may be compatible with EU law

An Advocate General of the Court of Justice of the European Union (CJEU) has stated in an Opinion that a general obligation to retain data imposed by a member state on providers of electronic communication services may be compatible with EU law but that it is imperative that that obligation be circumscribed by strict safeguards.

European Court of Justice 20 July 2016