Court of Justice

16 Jul: Commission uses ECJ referrals to bring Member States in line.

 Editor’s Blog: Produced in collaboration with the EU Buzz team 

As the European Institutions wind down now to take their summer break there has been a flurry of activity from the European Commission which will bring added pressures to certain Member States. It is possible to sense the frustration of the European Commission with some countries in its most recent cases filed in the European Court of Justice (ECJ). In the latest “regular package of infringement decisions”, the European Commission pursues legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various …

27 May: The President of the General Court dismisses the application to suspend the operation of the decisions of the European Space Agency

(Source: Court of Justice of the European Union)

The President of the General Court dismisses the application to suspend the operation of the decisions of the European Space Agency, acting in the name and on behalf of the European Commission, providing for the exclusion ofthe German company OHB System from the public contract for the ‘Procurement of Galileo transition satellites’

The weighing up of the interests at stake leans towards not granting the suspension sought

On 29 January2021, the German satellite company OHB System AG (‘OHB’) brought an action before the General Court of the European Union for annulment of …

19 May: The Commission’s decision declaring aid granted by Portugal to the airline TAP to be compatible with the internal market is annulled because of an inadequate statement of reasons

(Source: Court of Justice of the EU)

However, the effects of the annulment (including recovery of the aid) are suspended pending a new decision.

In June 2020, Portugal notified the Commission of State aid for the airline Transportes Aéreos Portugueses SGPS SA (‘the beneficiary’), the parent company and 100%shareholder in TAP Air Portugal. The notified aid, the maximum budget of which is €1.2 billion, concerns a loan agreement concluded between, in particular, Portugalas lender, TAP Air Portugal as borrower and the beneficiary as guarantor. By that measure, Portugal intended to keep the beneficiary in operation for six months, between July …

18 May: The Court of Justice rules on a series of Romanian reforms in the areas of judicial organisation, the disciplinary regime applicable to judges, and the financial liability of the State and the personal liability of judges as a result of judicial error

(Source: Court of Justice of the EU)

Six requests for a preliminary ruling have been brought before the Court of Justice by Romanian courts in proceedings between legal persons or natural persons and authorities or bodies such as the Romanian Judicial Inspectorate, the Supreme Council of the Judiciary and the prosecutor’s office attached to the High Court of Cassation and Justice.

The disputes in the main proceedings follow on from a wide-ranging reform in the field of justice and the fight against corruption in Romania, a reform which has been monitored at EU level since 2007 under the cooperation and verification …