Case C-629/16, CX – against Austrians stopping Turks from trucking

The Austrian authorities have fined a Turkish haulage company for one of its lorries that had used Austrian roads but without being in possession of an Austrian road haulage permit. The company has raised the defence that the Austrian permit system is illegal because it discriminates against Turks and their companies contrary to EU law. Will the CJEU have any truck with such a defence? More

Case C-256/16, Deichmann – a footloose EU implementing Regulation

Since 2005, footwear with leather-uppers from China or Vietnam has been taxed by the EU. In 2009, this tax became a permanent feature of EU law when the Commission enacted a couple of EU anti-dumping Regulations. In 2016, however, the CJEU invalidated various aspects of those Regulations. In response, the Commission set about planning new anti-dumping Regulations to reimpose the levy. However, the legality of that plan has been queried in a German court, and a preliminary reference has been made to the CJEU. More

Case C-681/16, Pfizer Ireland – Specific Mechanism suppresses drug circulation

The internal market in pharmaceuticals can be partitioned by EU law. For example, the EU’s ‘Specific Mechanism’ will sometimes allow patent holders to stop the import of drugs into the ‘old’ Member States from the ‘new’ Member States, where prices are markedly lower. In this case, the drug company patent holder Pfizer wants to stop cheap imports of a psoriasis and arthritis drug from entering into Germany – and to that end, it has invoked the Specific Mechanism. In contrast, the importer contends that the Specific Mechanism does not apply; consequently, the EU principle of the free movement of goods should be allowed to operate. More