CASE LAW

Greece is ordered to pay financial penalties for failing to comply with a 2014 judgment of the Court of Justice 

Car Finance: Undisclosed Commissions and Unfair Relationships (Hopcraft v Close Brothers /UK Supreme Court)

Restriction on right to vote in general election did not breach rights of prisoner serving indeterminate sentence for rape (Hora v. United Kingdom) 

Discrimination at work: the rights of persons with disabilities to protection against indirect discrimination extend to parents of children with disabilities (CJEU)

Digital Services Act: The General Court annuls the Commission’s decisions setting the supervisory fee applicable to Facebook, Instagram and TikTok 

Data Protection: The General Court dismisses an action for annulment of the new framework for the transfer of personal data between the European Union and the United States

The payment card user is deprived of the right to obtain a refund of an unauthorised payment transaction of which he or she has become aware if he or she delayed in notifying it to his or her provider with intent or gross negligence (CJEU)

EU Court: Le Pen Must Repay Undue Funds 

ECtHR holds Russia accountable for widespread and flagrant abuses of human rights arising from the conflict in Ukraine since 2014 

A medicinal herbal tea classified as a traditional herbal medicinal product cannot, in principle, be marketed with the organic logo (ECJ)

Ill-treatment of a trainee lawyer at a police station following an anti-globalisation demonstration: Italy violated Article 3 of the ECHR

Failure of the appeal court to hear the two main witnesses directly when it sentenced the applicant : Fair trial breach (ECtHR) 

Delays in national courts lead to violations of right to a fair trial (ECtHR) 

Access to documents: the Commission decision refusing a journalist of The New York Times access to the text messages exchanged between President von der Leyen and the CEO of Pfizer is annulled (CJEU)

Depriving the Jewish Community of Thessaloniki of its ownership of a plot of land acquired before the Second World War was not lawful (ECtHR)

The procedural acts of the European Public Prosecutor’s Office (EPPO) that are capable of affecting the legal situation of the persons challenging them must be amenable to judicial review (CJEU) 

Air passenger rights: A boarding pass may be sufficient to prove a confirmed reservation on a flight

The Swiss authorities failed in their positive obligation to protect the life of a woman from violence by her partner (ECtHR)

Arrest warrants issued by the United Kingdom: a hardening of the conditions for release on licence does not, in principle, preclude the surrender of the requested person

Automated credit assessment: The data subject is entitled to an explanation as to how the decision was taken in respect of him or her

GDPR and transgender identity: the rectification of data relating to gender identity cannot be made conditional upon proof of surgery (CJEU) 

Five Member States are ordered to pay financial penalties for failing to transpose the Whistleblowers directive (ECJ)

ECJ: Consumer credit agreements: In the event of failure to comply with the obligation to provide information, a bank may be deprived of its right to interest 

ECtHR: Woman ordered to psychiatric detention without proper assessment of her mental health, breaching the ECHR

Fault-based divorce attributed exclusively to the applicant for failure to fulfil marital duties: Violation of right to respect for private life (ECtHR)

ECJ: GDPR and rail transport: A customer’s gender identity is not necessary data for the purchase of a transport ticket 

ECtHR: Unreasoned decision dismissing objections by applicant who was imprisoned pursuant to judgment not concerning him violated ECHR: Judgement against Greece 

ECJ: Personal data protection: The supervisory authority is not obliged to exercise a corrective power in all cases of breach and, in particular, to impose a fine 

Fair trial: Minors subject to criminal proceedings must have the practical and effective opportunity to be assisted by a lawyer (ECJ) 

A consumer having booked a trip abroad may sue the organiser before the court of the place of his or her domicile (ECJ) 

Mortgage loans: the transparency of ‘floor’ clauses may be reviewed in the context of a collective action concerning the entire banking system of a country (ECJ) 

A pregnant worker must be afforded a reasonable time limit in order to be able to bring an action against her dismissal (ECJ)

No right to physician-assisted death for applicant with motor neurone disease (ECtHR)

McDonald’s loses the EU trade mark Big Mac in respect of poultry products

ECtHR: Ban on visible Muslim symbols of belief in the official education system not incompatible with Article 9 of the ECHR 

ECJ: Automatic loss of German nationality in the event of recovery of Turkish nationality  

The name Pablo Escobar may not be registered as an EU trade mark 

The state's failure to implement sufficient measures to combat climate change violated ECHR 

The national legislation under which independent companies established in another Member State are excluded from copyright management is incompatible with EU law (ECJ) 

Sanction imposed on judge for Facebook posts concerning matters of public interest infringed his freedom of expression (ECtHR) 

ECJ: Refusal to issue in  addition to a passport, an identity card serving as a travel document, on the sole ground that a person is domiciled in another Member State, is contrary to EU law 

 

Anonymous birth: Fair balance between applicant’s right to find out her origins and her biological mother’s right to remain anonymous in compliance with Article 8 of ECHR 

ECJ: Compensation for air passengers in the event of long delay of flights  

ECJ: VAT fraud: Employee using her employer’s details to issue fake invoices is liable for the amount of the taxes entered on them (ECJ) 

ECtHR Judgement against Greece: Disclosure of the identities and medical data of prostitutes diagnosed with HIV was a breach of their right to private life 

ECtHR: Woman forced to travel abroad to have an abortion following legislative amendments in Poland breached the ECHR 

ECJ: The rules of UEFA on ‘homegrown players’ could be contrary to EU law  

ECJ: Processing of personal data: decisions taken by a supervisory authority in the context of the indirect exercise of the rights of the data subject are legally binding  

ECtHR: Legislation lowering retirement age to 60 for female judges in violation of European Convention of Human Rights 

ECJ: Proportionality of the penalty for trade mark infringement  

ECtHR: Judge suspended, to maintain public confidence in court system, after being prosecuted for offences presumed to have been committed in performance of former duties: Violation of the rights to a fair hearing & to respect for private life 

ECJ: Online video games: the General Court confirms that geo-blocking of activation keys for the Steam platform infringed EU competition law 

ECJ : Timeshare contracts: Applicable law in the absence of a choice made by the parties 

ECJ: The principle ne bis in idem applies to penalties, imposed for unfair commercial practices, that are classified as administrative penalties of a criminal nature 

ECtHR: Justice Minister’s statements violated presumption of innocence

 

ECJ : Promotion of judges after evaluation by other judges: Substantive conditions and procedural rules must be such as to dispel any reasonable doubt as to the independence and the impartiality

ECtHR: The length of court proceedings for 7 years and 8 months violated the right to a fair hearing within a reasonable time 

ECJ: A national competition authority can find, in the context of the examination of an abuse of a dominant position, that the GDPR has been infringed 

ECJ : Accidents on board an aircraft: The strict liability of airlines under the Montreal convention extends to inadequate first aid administered on board an aircraft 

Lawyers’ claims over legal fees awarded after unnecessary fragmentation of proceedings rejected as an abuse of the right of application (ECtHR) 

Every person has the right to know the date of and the reasons for the consultation of his or her personal data (ECJ) 

Murder-trial: Use of eyewitness evidence damaged trial fairness safeguards (ECtHR) 

Conviction for not promptly deleting unlawful comments on Facebook did not breach user's right to freedom of expression (ECtHR) 

Rule of law: the body in charge of disciplinary proceedings against judges must be independent and impartial (ECJ) 

Employee Rights: Daily rest is additional to weekly rest even when it directly precedes the latter (ECJ) 

Freedom of expression of an eyewitness to a road accident protected by the European Convention (ECtHR) 

ECJ: Every person has the right to know to whom his or her personal data have been disclosed. 

Combatting aggressive tax planning: the obligation for a lawyer to inform other intermediaries involved is not necessary and infringes the right to respect for communications with his or her client (ECJ) 

The internal rule of an undertaking prohibiting the visible wearing of religious, philosophical or spiritual signs does not constitute direct discrimination if it is applied to all workers in a general and undifferentiated way (ECJ) 

Conviction for not promptly deleting unlawful comments on Facebook did not breach user's right to freedom of expression 

Legal battle between mother and aunt on adoption of an adult child: Request for an advisory opinion by ECtHR 

The internal rule of an undertaking prohibiting the visible wearing of religious, philosophical or spiritual signs does not constitute direct discrimination if it is applied to all workers in a general and undifferentiated way (ECJ)

Conviction of Germany by the ECtHR for discrimination - Police check carried out on a dark-skinned train passenger 

National authorities may, in response to individual complaints, compel an airline to pay compensation to passengers (CJEU)

 

Madeleine McCann’s disappearance: ECtHR rejected her parents' application for defamation case against a Portuguese detective (ECtHR) 

Collection and retention of personal data reflecting applicant’s presumed sexual orientation without proven factual basis: Violation of Article 8 of ECHR 

Nature of the right of residence under Article 20 TFEU (Case C-624/20 ECJ)

Father was discriminated against by imposition of paternity judgment limiting his parental responsibility (ECtHR)

Fine for contempt of court for telling a joke violated lawyer’s freedom of expression (ECtHR)

Migrant smuggler’s conviction, based on witness statements not examined at trial, was unfair (ECtHR)

Gay-marriage-cake case declared inadmissible by ECtHR 

The pre-trial detention of 427 judges in Turkey was illegal - Decision of the ECtHR 

Child adoption without taking account of the mother’s wishes breached her human rights (ECtHR)

A finding of civil liability against the author of a historical book for remarks deemed defamatory by the Italian courts did not breach the ECHR

Τhe procedure for appointing judges was not independent and impartial - Violation of right to a fair hearing (ECtHR)

Alleged bullying of whistle-blowing prison guard - Violation of right to respect for private life (ECtHR)

Moving between Member States without an identity card or passport - A fine amounting to 20% of the amount of the offender’s average net monthly income, is not proportionate to the seriousness of the offence

 

Sentencing of the applicant for having insulted the President of the Republic in Facebook posts : Turkey violated Article 10 ECHR (freedom of expression) 

Husband who accessed emails of her wife and submitted them in evidence in civil proceedings : No violation of the right to respect for private life and for correspondence (ECtHR)

Russia was responsible for assassination of Aleksandr Litvinenko in the UK (ECtHR) 

ECJ's decision on loans in Swiss francs

ECtHR: Dismissal of a public-sector employee for having “Liked” Facebook posts: Violation of her right to freedom of expression

ECJ: Ne bis in idem principle can preclude the arrest, within the Schengen Area and the European Union, of a person who is the subject of an Interpol notice 

ECtHR: Failure to enforce sentence imposed on sex offender breached ECHR

ECtHR: First ECtHR judgment on compulsory childhood vaccination: No violation of the Convention

ECJ: Jurisdiction in matters of parental responsibility – Abduction of a child  

ECtHR: Transfer of a judge without his consent to another court in a lower judicial district without a judicial review

 

Dominic Ongwen declared guilty of war crimes and crimes against humanity committed in Uganda (ICC)

 

ECJ: A euro area Member State can oblige its administration to accept payments in cash, but can also limit that payment option on public interest grounds 

ECtHR: Refusal to allow a prisoner lawyer to consult Internet sites on legal matters was unjustified 

ICJ: International Court of Justice says it can hear case brought by Iran against USA to end sanctions 

The authorities’ refusal to legally recognise a change of gender identity in the absence of surgery violated the right to respect for private & family life (ECtHR) 

ECtHR: Refusal to issue a passport on account of an unpaid bank debt

ECtHR: The first decision of a european court for Covid-19 health crisis: Why the application was rejected

ECJ: The Court of Justice upheld the judgment of the General Court authorising football player Lionel Messi to register the trade mark ‘MESSI’ for sports equipment and clothing 

ECtHR: Indefinite retention of DNA, fingerprints and photograph of man convicted of drink driving breached his privacy rights

ECJ: EU law does not preclude Member States from providing for civil proceedings for confiscation which are unrelated to a finding of a criminal offence

ECtHR: The pre-trial detention of a judge breached the Convention

ECJ: 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

ECJ: Airbnb is not required to hold an estate agent’s professional licence as it did not notify the Commission of that requirement in accordance with the Directive on electronic commerce

ECtHR: Late notification of hearing date: applicant was unable to reply to opinion of advocate-general at Court of Cassation

ECHR: Holocaust denial is not protected by the European Convention on Human Rights

ECtHR: Removal of a mother’s parental authority and adoption of her eldest son by foster parents: Violation of the right to respect for private and family life

ECJ: An e-commerce platform such as Amazon is not obliged in all cases to make a telephone number available to consumers before the conclusion of a contract

ECtHR: Student’s arrest and detention for allegedly filming a dance and uploading it to the Internet was not lawful

ECJ: Thenational legislation excluding the retroactive cancellation of a loan contractdenominated in a foreign currency which includes an unfair term relating to theexchange-rate risk is contrary to EU law