Monitoring References to the Court of Justice of the European Union
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31 case reports
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.
Bulgaria's national health system holds every diagnosis, prescription and operation a person has had, and opens the whole file to doctors, insurers and prosecutors with no technical limit on what they read. Six questions from the Supreme Administrative Court ask whether Article 9 GDPR permits any of it.
By judgment of 14 March 2018 (ECLI:EU:C:2018:181) the Court ruled, in the words of the operative part: “1.
By judgment of 29 May 2018 (ECLI:EU:C:2018:335) the Court ruled, in the words of the operative part: “Examination of the question has not disclosed any issues capable of affecting the validity of Article 4(4) of Council Regulation (EC) No 1099/2009 of 24…
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 7 December 2017 (ECLI:EU:C:2017:947) the Court ruled, in the words of the operative part: “Article 1(1) and Article 1(2)(a) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices, as amended by Directive 2007/47/EC of the…
By judgment of 23 January 2018 (ECLI:EU:C:2018:25) the Court ruled, in the words of the operative part: “1.
By judgment of 13 September 2017 (ECLI:EU:C:2017:676) the Court held that Member States may not adopt emergency measures against authorised GMOs such as MON 810 maize unless it is evident that the products are likely to constitute a serious risk to health…
By judgment of 8 December 2016 (ECLI:EU:C:2016:935) the Court ruled, in the words of the operative part: “1.
By judgment of 26 October 2017 (ECLI:EU:C:2017:814) the Court held that duplicate bridge, whose physical element is negligible, is not a "sport" for the purposes of the VAT exemption — whatever its benefits for mental health and discipline — while noting…
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 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.
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 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 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 17 November 2016 (ECLI:EU:C:2016:883) the Court ruled, in the words of the operative part: “Article 1(1) and (2) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work must be…
By judgment of 10 November 2016 (ECLI:EU:C:2016:857) the Court ruled, in the words of the operative part: “Article 7(2) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States…
On 31 May 2016 the Grand Chamber ruled (ECLI:EU:C:2016:379) that the operator of a rehabilitation centre showing TV broadcasts on screens in its waiting and training rooms communicates works to the public and must pay the collecting societies — aligning…
By judgment of 27 October 2016 (ECLI:EU:C:2016:813) the Court held that Articles 34 and 36 TFEU preclude national rules reserving parallel imports of veterinary medicinal products to authorised wholesalers, thereby excluding farmers who import for their…
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…
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 21 September 2016 (ECLI:EU:C:2016:703) the Court ruled, in the words of the operative part: “Article 18(1)(b) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products must be…
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 23 November 2016 (ECLI:EU:C:2016:890) the Court ruled, in the words of the operative part: “1.
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 2 June 2016 (ECLI:EU:C:2016:399) the Court ruled, in the words of the operative part: “1.
On 23 December 2015 the Court ruled (ECLI:EU:C:2015:845) that Scottish minimum unit pricing for alcohol restricts the free movement of goods and may be justified on health grounds only if less trade-restrictive means — notably taxation — cannot achieve the…
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.