Monitoring References to the Court of Justice of the European Union
Tag
56 case reports
Italy's competition authority found that Autostrade per l'Italia engaged in an unfair commercial practice by charging full tolls while the service fell short because of its own lack of diligence, where drivers had no real alternative. The Consiglio di Stato asks whether the Unfair Commercial Practices Directive stretches that far — or whether a price that should have been cut is a matter for contract law.
A lender failed to assess a borrower's creditworthiness and then sold the loan to Hoist Italia, a buyer of consumer debt. Italian law lets the borrower claim only against the original lender, for pre-contractual liability and damages. A court in Busto Arsizio asks whether that sanction is effective enough under the Consumer Credit Directive when the debt is being collected by someone else.
In April the Court held that a lender may not charge interest on the fees it has financed. A Warsaw court now asks what that means in practice: which of the Consumer Credit Directive's information duties such a contract breaches, whether the national sanction must follow, and whether a court must raise the point of its own motion.
A Belgian user is suing Apple over loot boxes in games sold through the App Store. Belgium treats loot boxes as gambling; the E-Commerce Directive excludes gambling from its scope, and its hosting safe harbour protects only a provider that does not control what it hosts. The Antwerp court asks whether Apple can shelter behind Article 14 for apps it reviews and approves.
The Unfair Commercial Practices Directive bans calling a product 'free' if the consumer has to pay anything. Germany's consumer federation says Facebook charges in personal data. The Bundesgerichtshof asks the Court, in a single sentence, whether data and consent are a 'cost'.
When a consumer loan has been sold on, Italian courts let the borrower sue only whoever actually received the money — which means first working out how the two banks arranged the transfer between themselves. A justice of the peace asks whether Article 17 of the Consumer Credit Directive lets the consumer choose to sue either.
A Sofia hospital trains a doctor to specialist level and binds them to five more years, on pain of repaying every training cost plus two months' salary. The Sofiyski rayonen sad asks whether that is a restriction on free movement, an unfair consumer term, or an element of coercion under Article 5 of the Charter.
The Court has twice told Bulgaria that mandatory minimum lawyers' fees set by the bar offend Article 101 TFEU. Bulgaria then moved the appointment of court-appointed representatives, and the setting of their fees, to the bar councils. A Blagoevgrad court asks in twenty-five questions whether that is the same restriction in new clothes.
A consumer credit agreement is declared wholly invalid, but the money was drawn down and the lender wants it back. From which date does limitation run on that claim — the finding of invalidity, the drawdown, or each instalment of the contract that no longer exists? Sofia City Court asks.
In Estonian consumer insolvency a credit claim already covered by a final judgment counts as uncontested — even where the reasons do not show that any court ever asked whether the lender assessed the borrower's ability to repay. The Riigikohus asks whether finality can carry a question that was never put.
An Estonian order for payment issues on a consumer credit claim without any court checking whether the lender ever assessed the borrower's ability to repay — and enforcement checks nothing either. The consumer has fifteen days to object, on papers that never mention the point. The Riigikohus asks whether that is enough.
On 14 June 2017 the Court ruled (ECLI:EU:C:2017:458) that designations such as "milk", "butter", "cheese" and "cream" are reserved by Regulation 1308/2013 for products of animal origin, and purely plant-based products cannot use them even with clarifying…
By judgment of 8 June 2017 (ECLI:EU:C:2017:430) the Court ruled, in the words of the operative part: “The first subparagraph of Article 3(2) of Commission Directive 2008/69/EC of 1 July 2008 amending Council Directive 91/414/EEC to include clofentezine,…
By judgment of 25 January 2018 (ECLI:EU:C:2018:37) the Court held that Mr Schrems had not lost his consumer status for his own Facebook account through his books, lectures and campaigning, so he could sue Facebook in Vienna.
By judgment of 20 December 2017 (ECLI:EU:C:2017:992) the Court ruled, in the words of the operative part: “1.
By judgment of 12 October 2017 (ECLI:EU:C:2017:758) the Court ruled, in the words of the operative part: “Article 28(2) of Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation…
By judgment of 20 December 2017 (ECLI:EU:C:2017:991) the Court held that selling "Champagner Sorbet" does not unlawfully exploit the PDO's reputation if the product has, as an essential characteristic, a taste attributable primarily to champagne; absent…
By judgment of 23 January 2018 (ECLI:EU:C:2018:26) the Court held that the European Firearms Pass provisions of the Firearms Directive do not apply to the territory of Gibraltar, as the Directive's travel-facilitation rules concern the free movement of…
On 6 December 2017 the Court ruled (ECLI:EU:C:2017:941) that a selective distribution system for luxury goods designed to preserve their prestige image is compatible with Article 101(1) TFEU, and that a clause prohibiting authorised retailers from selling…
By judgment of 30 March 2017 (ECLI:EU:C:2017:243) the Court held that a printed advertisement for products sold through an online platform may, within the limits imposed by the medium, refer consumers to the website for part of the mandatory information —…
By judgment of 14 September 2017 (ECLI:EU:C:2017:689) the Court ruled, in the words of the operative part: “1.
By judgment of 4 May 2017 (ECLI:EU:C:2017:336) the Court ruled, in the words of the operative part: “Article 7(f) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the…
By judgment of 9 June 2016 in the joined Pesce cases (ECLI:EU:C:2016:428) the Court upheld the Commission's Xylella fastidiosa decision: the obligation to remove host plants, including asymptomatic ones, within 100 metres of infected plants is a…
By judgment of 19 June 2018 (ECLI:EU:C:2018:464) the Court ruled, in the words of the operative part: “1.
By judgment of 10 October 2017 (ECLI:EU:C:2017:745) the Court ruled, in the words of the operative part: “1.
By judgment of 5 June 2018 (ECLI:EU:C:2018:392) the Court ruled, in the words of the operative part: “1.
By judgment of 21 December 2016 (ECLI:EU:C:2016:976) the Court held that in an action for breach of an online-resale prohibition in a selective distribution network, the "place where the damage occurred" under Article 5(3) of Brussels I is the Member State…
On 27 September 2017 the Court ruled (ECLI:EU:C:2017:724) that where co-defendants in different Member States are sued over the same supply chain, a Community-design court can grant remedies with EU-wide effect against both.
By judgment of 18 May 2017 (ECLI:EU:C:2017:390) the Court held that a legally distinct second-tier subsidiary with a seat in a Member State is an "establishment" of its non-EU parent for Article 97(1) of the Community Trade Mark Regulation where it is a…
Inside a roll of toilet paper is a cardboard core. Does this internal element form part of the toilet paper’s packaging? It is a question which has stymied the French courts. The answer depends on the word ‘packaging’ which is … Continue reading →
On 14 June 2017 the Court ruled (ECLI:EU:C:2017:456) that the operators of The Pirate Bay themselves make a communication to the public by indexing and managing torrents of protected works, despite the content sitting on users' machines.
On 7 July 2016 the Court ruled (ECLI:EU:C:2016:528) that the operator of a physical marketplace which sublets pitches to traders selling counterfeits is an "intermediary" under Article 11 of the Enforcement Directive, and injunctions against it are subject…
By order of 27 October 2016 (ECLI:EU:C:2016:830) the Court declared the Brussels commercial court's reference manifestly inadmissible for failure to set out the factual and legal context required by Article 94 of the Rules of Procedure.
By judgment of 15 March 2017 (ECLI:EU:C:2017:214) the Court ruled, in the words of the operative part: “1.
By judgment of 25 January 2017 (ECLI:EU:C:2017:38) the Court ruled, in the words of the operative part: “Articles 41(1) and 44(1) of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal…
A company has made a dairy product for patients with early onset Alzheimer’s Disease. The company believes that this makes it a ‘food for a special medical purpose’ within the EU Commission’s Directive 1999/21/EC. However, in the United Kingdom, the Secretary of State for Health believes that that…
By order of 8 September 2016 (ECLI:EU:C:2016:672) the Court declared the reference from the Regional Administrative Court for Lazio manifestly inadmissible for failure to set out the factual and legal context with the precision Article 94 of the Rules of…
By judgment of 19 January 2017 (ECLI:EU:C:2017:26) the Court ruled, in the words of the operative part: “Articles 6 and 7 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and…
By judgment of 28 July 2016 (ECLI:EU:C:2016:608) the Court ruled, in the words of the operative part: “Article 3 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic…
By judgment of 26 October 2016 (ECLI:EU:C:2016:801) the Court held that a product whose essential manufacturing steps are carried out in a pharmacy as part of its normal business, producing up to 100 dispensing-ready packages a day, is not prepared…
By judgment of 13 October 2016 (ECLI:EU:C:2016:770) the Court ruled, in the words of the operative part: “Article 9 of Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices must be…
By judgment of 7 September 2016 (ECLI:EU:C:2016:633) the Court ruled, in the words of the operative part: “1.
By judgment of 30 June 2016 (ECLI:EU:C:2016:498) the Court found nothing affecting the validity of the poultrymeat labelling requirement: obliging retailers to show the total price and price per unit of weight on prepacked fresh poultry is a proportionate…
By judgment of 19 October 2016 (ECLI:EU:C:2016:776) the Court held that Germany's system of fixed prices for prescription-only medicines, as applied to mail-order pharmacies established in other Member States, is a measure having equivalent effect contrary…
On 28 July 2016 the Court ruled (ECLI:EU:C:2016:612) that in a collective injunction action the law applicable to assessing contract terms is determined by the Rome I Regulation even though the action itself falls under Rome II.
By judgment of 22 September 2016 (ECLI:EU:C:2016:718) the Court ruled, in the words of the operative part: “Article 1(3)(b) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the…
By judgment of 22 September 2016 (ECLI:EU:C:2016:717) the Court ruled, in the words of the operative part: “EU law, in particular Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of…
By judgment of 14 July 2016 (ECLI:EU:C:2016:563) the Court ruled, in the words of the operative part: “Article 1(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on…
By judgment of 7 July 2016 (ECLI:EU:C:2016:527) the Court ruled, in the words of the operative part: “Article 3 of Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of…
By judgment of 27 October 2016 (ECLI:EU:C:2016:821) the Court held that it has jurisdiction to interpret harmonised technical standards adopted under the Construction Products Directive — EN 13242 forms part of EU law for preliminary-ruling purposes —…
On 4 May 2016 the Court upheld the Second Tobacco Products Directive in full (ECLI:EU:C:2016:325): the menthol ban, the labelling and standardisation rules, the leeway for further national packaging measures and the specific e-cigarette regime of Article…
By judgment of 9 November 2016 (ECLI:EU:C:2016:839) the Court ruled, in the words of the operative part: “Article 1(2)(c) of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food…
By judgment of 17 February 2016 (ECLI:EU:C:2016:89) the Court held that a split screen separating closing credits from the following advertising break need not additionally carry an acoustic or optical signal, provided the separation itself meets Article…
Is the Council of Europe’s Draft Convention against the Manipulation of Sports Competitions compatible with EU law? Facts On 11 July 2014, the Maltese Government issued a press release announcing that it was asking the CJEU for an Advisory Opinion on the Council of Europe’s Draft Convention against…
By judgment of 24 June 2015 (ECLI:EU:C:2015:414) the Court ruled, in the words of the operative part: “The notion of ‘natural mineral water from one and the same spring’ contained in Article 8(2) of Directive 2009/54/EC of the European Parliament and of…
By judgment of 17 December 2015 (ECLI:EU:C:2015:823) the Court ruled, in the words of the operative part: “1.