Monitoring References to the Court of Justice of the European Union
Field of law
59 case reports
The Dutch competition authority fined Samsung for steering retailers' television prices. Samsung says a vertical restriction can only be 'by object' if it harms competition between brands, not just between its own dealers. The Netherlands' highest administrative court asks the Court of Justice whether intra-brand harm is enough.
Intel's €1.06 billion fine of 2009 was annulled in 2022 on the rebates; what survived were the 'naked restrictions' — payments to HP, Acer and Lenovo to delay or drop AMD-based products. The Commission re-fined those at €376 million in 2023, the General Court cut it to €237 million in December 2025, and Intel now appeals what is left.
The Commission fined Qualcomm €242 million for selling baseband chipsets to Huawei and ZTE below cost to squeeze out Icera. The General Court trimmed the fine and upheld the rest. Qualcomm's seven-plea appeal is the Court's first chance in over a decade to say how predatory pricing is proved — and whether effects must be shown.
TikTok met every numerical threshold in the Digital Markets Act and was designated a gatekeeper in the Act's first wave. ByteDance says the presumptions can be rebutted and that the General Court made them impossible to rebut. The first DMA appeal to reach the Court of Justice will say how much a designated company may argue.
After a dawn raid at Red Bull's premises, the Commission carried on examining the copied data in Brussels for seven weeks. Nexans says it must then reimburse the 'additional costs' that continuation causes. The Commission paid the travel and hotels but not the lawyers; the General Court agreed. Red Bull appeals on what 'additional' means.
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.
If a user pays for a badge that implies identity, but the platform only verifies their credit card, is that a service or a scam? The European Commission has decided it is the latter. In a landmark decision – the … Continue reading →
The Luxembourg General Court gave Google a pass in September 2024, knocking out the Commission’s whopping €1.49 bn fine; honestly, many of us in the tech risk sector expected a quick confirmation of the penalty, making this annulment a massive … Continue reading →
Amidst the evolving professional landscape, the allure of autonomy, self-determination, and the prospect of crafting a unique career trajectory has gained significant traction. Legal Shield, operating within the multi-level marketing (MLM) framework and offering legal services, remains a focal point … Continue reading →
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 20 December 2017 (ECLI:EU:C:2017:992) the Court ruled, in the words of the operative part: “1.
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…
Can a public sector pension provider be awarded a contract without there having been an advert or a tendering procedure? Background There is a clinic in the German spa town of Bad Reichenhall. It used to be in the public sector and run by the ‘VBG’, the VBG Verwaltungs-Berufsgenossenschaft.…
By judgment of 7 September 2017 (ECLI:EU:C:2017:643) the Court ruled, in the words of the operative part: “Article 3 of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)…
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 23 January 2018 (ECLI:EU:C:2018:25) the Court ruled, in the words of the operative part: “1.
By judgment of 26 July 2017 (ECLI:EU:C:2017:597) the Court ruled, in the words of the operative part: “1.
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 14 November 2017 (ECLI:EU:C:2017:860) the Grand Chamber held that practices of producer organisations and their associations escape Article 101 TFEU only where they remain strictly within the tasks the common market organisation assigns to…
By judgment of 21 December 2016 (ECLI:EU:C:2016:974) the Court ruled, in the words of the operative part: “1.
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 22 June 2017 (ECLI:EU:C:2017:489) the Court held that the Dutch pre-pack — insolvency prepared in advance to relaunch the business immediately after bankruptcy — does not fall within the Article 5(1) insolvency exception of the Transfers…
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…
By judgment of 26 July 2017 (ECLI:EU:C:2017:593) the Court ruled, in the words of the operative part: “1.
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 19 October 2016 (ECLI:EU:C:2016:780) the Court held that the Framework Directive does not prevent a Member State from merging its telecoms regulator into a multi-sector authority, but dismissing the NRA's president and board before the end…
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…
On 20 December 2017 the Grand Chamber ruled (ECLI:EU:C:2017:981) that UberPop is not an information-society service but a "service in the field of transport": Uber exercises decisive influence over the conditions under which non-professional drivers supply…
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 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 2 June 2016 (ECLI:EU:C:2016:399) the Court ruled, in the words of the operative part: “1.
On 21 January 2016 the Court ruled (ECLI:EU:C:2016:42) that travel agencies using a common booking platform can be presumed to participate in a concerted practice from the moment they knew of the administrator's message capping discounts — but the…
If the social partners agree to award an undertaking the exclusive right to administer an insurance scheme that benefits employees in a particular sector of the French economy, then does Article 56 TFEU’s transparency obligation apply before the relevant French Minister can declare the collective…
By judgment of 18 December 2014 (ECLI:EU:C:2014:2466) the Court ruled, in the words of the operative part: “1.
By judgment of 26 February 2015 (ECLI:EU:C:2015:119) the Court held that the Resale Right Directive does not preclude the person liable for the artist's royalty, designated by national law, from agreeing with anyone else — including the buyer — that the…
By judgment of 15 January 2015 (ECLI:EU:C:2015:10) the Court held that the Database Directive does not apply to a database protected neither by copyright nor by the sui generis right, so its user-freedom guarantees (Articles 6, 8 and 15) do not override…
On 14 January 2015 the Court ruled (ECLI:EU:C:2015:9) that London's policy of admitting black cabs but not private-hire vehicles to bus lanes does not appear to involve a commitment of state resources or confer a selective advantage of the kind caught by…
When the EU Commission imposes a fine on a cartel but does not apportion how much each company should pay, then is it a matter for national law whether and how that fine is paid between the individual members of the cartel? Or if it is a matter of EU law, then does EU law contain provisions as to…
On 4 December 2014 the Court ruled (ECLI:EU:C:2014:2411) that collective agreement provisions setting minimum fees for genuinely self-employed service providers fall within Article 101 TFEU — the self-employed are undertakings — but not where the providers…
On 11 September 2014 the Court ruled (ECLI:EU:C:2014:2197) that terms of a terminated collective agreement which continue to produce effects under national "continued effect" (Nachwirkung) rules are "terms and conditions agreed in a collective agreement"…
By judgment of 16 July 2015 (ECLI:EU:C:2015:477) the Court laid down the framework that has governed FRAND litigation ever since: the holder of a standard-essential patent who gave a FRAND commitment does not abuse its dominance by seeking an injunction…
On 27 February 2014 the Court ruled (ECLI:EU:C:2014:110) that a spa establishment transmitting broadcasts to televisions in guest rooms performs a communication to the public, and that no health-establishment exception can excuse it.
By judgment of 5 June 2014 (ECLI:EU:C:2014:1317) the Court held that cartel members may be civilly liable for "umbrella pricing" losses — damage suffered by customers of non-cartelists who raised their own prices in the cartel's shelter — and that national…
By judgment of 3 April 2014 (ECLI:EU:C:2014:220) the Court ruled, in the words of the operative part: “Articles 4 and 6 of Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by Member States concerning the obligations inherent in the…
By judgment of 18 July 2013 (ECLI:EU:C:2013:496) the Court ruled, in the words of the operative part: “Article 4(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down…
By judgment of 19 June 2014 (ECLI:EU:C:2014:2009) the Court ruled, in the words of the operative part: “1.
By judgment of 2 July 2015 (ECLI:EU:C:2015:436) the Court ruled, in the words of the operative part: “The questions referred by the Tribunale amministrativo regionale per la Sicilia (Italy), by decision of 9 October 2012, and maintained by that court, are…
By judgment of 16 April 2015 in the joined Willems cases (ECLI:EU:C:2015:238) the Court held that Regulation 2252/2004 obliges the taking of fingerprints for passports (as upheld in Schwarz) but does not govern any subsequent use or storage of that…
By judgment of 13 February 2014 (ECLI:EU:C:2014:81) the Court ruled, in the words of the operative part: “The Court of Justice of the European Union does not have jurisdiction to answer the requests from the Tribunale amministrativo regionale per il Lazio…
By judgment of 28 February 2013 (ECLI:EU:C:2013:127) the Court ruled, in the words of the operative part: “1.
By judgment of 7 November 2013 (ECLI:EU:C:2013:709) the Court ruled, in the words of the operative part: “1.
By judgment of 21 March 2013 (ECLI:EU:C:2013:200) the Court ruled, in the words of the operative part: “Article 2 of Commission Decision 1999/183/EC of 20 May 1998 concerning State aid for the processing and marketing of German agricultural products which…
By judgment of 13 February 2014 (ECLI:EU:C:2014:74) the Court ruled, in the words of the operative part: “The Court of Justice of the European Union does not have jurisdiction to answer the requests from the Tribunale amministrativo regionale per il Lazio…
By judgment of 5 December 2013 (ECLI:EU:C:2013:791) the Court ruled, in the words of the operative part: “Article 49 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which does not allow a…
By judgment of 18 July 2013 (ECLI:EU:C:2013:489) the Court ruled, in the words of the operative part: “1.