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(AGENPARL) – gio 04 luglio 2024 Newsletter
Week XXVIII – XXIX: 8th to 19th July 2024
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Jacques René
Zammit
Press Officer
Monica Pizzo
Assistant
Desk Email
Week XXVIII 8th to 12th July
Thursday 11th July
Judgment in Joined Cases C-554/21 HANN-INVEST, C-622/21 MINERAL-SEKULINE
and C-727/21 UDRUGA KHL MEDVEŠČAK ZAGREB
(Principles of Community law – Charter of Fundamental Rights)
The Commercial Court of Appeal, Croatia asks the Court of Justice for guidance on the
interpretation of Article 19 of the TEU and Article 47 of the Charter of Fundamental
Rights in relation to three appeals concerning the recovery of costs for the conduct of
bankruptcy proceedings.
Appeals against orders in three different insolvency proceedings were finally and
Graziella
unanimously dismissed by three-judge panels. The decisions were forwarded to the
Schembri
registry in accordance with the established rules.
assisted in the
preparation of
this Newsletter.
However, the judge in this department refused to register the three decisions, and
referred them back to the respective panels, stating that he did not agree with the
solutions adopted in these decisions. He referred in particular to compliance with a
“legal position” on how to decide cases of this type, which, according to internal
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procedural practice, had previously been adopted by a sectional meeting of the court.
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“Legal positions” interpret the law in light of specific cases, and are binding on all
chambers or judges of the court.
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In these circumstances, the referring court seeks to ascertain whether such an internal
mechanism for finalising judicial decisions is compatible with the fundamental
principle of effective judicial protection.
Background Documents C-554/21
There will be a press release for these cases.
Communications Directorate
Press and Information unit
curia.europa.eu
Newsletter
Week XXVIII – XXIX: 8th to 19th July 2024
All times are 9:30
unless otherwise
stated.
Don’t forget to
Thursday 11th July
Judgment in case C-601/22 WWF Österreich and Others
(Environment)
check the diary
on our website
A number of animal and environmental protection organisations are challenging
for details of
before the Regional Administrative Court of Tyrol (Austria) the fact that the
other cases.
government of the Land of Tyrol has temporarily authorised the slaughter of a wolf.
The wolf had previously killed around 20 sheep on pastureland.
Under the Habitats Directive, wolves are strictly protected, meaning that in principle it
is forbidden to hunt them. However, given the development of the wolf population in
Austria and the fact that some Member States benefit from exceptions, the Tyrol
Regional Administrative Court doubted the validity of this ban.
It therefore referred the matter to the Court of Justice. In the event that it were to
consider the ban valid, it asked the Court to specify the conditions for derogating from
it and thus authorising the killing of a specimen.
Background Documents C-601/22
There will be a press release for this case.
Thursday 11th July
Judgment in case C-196/23 Plamaro
(Social policy)
The reference for a preliminary ruling was made in the context of a dispute concerning
dismissal between eight employees (the “employees concerned”) and their employer’s
universal heir (the “defendant”).
An entrepreneur’s retirement resulted in the termination of 54 employment contracts
across his company’s eight establishments. Eight employees challenged the unlawful
dismissal to which they felt they had been subjected. Their appeal was rejected.
The Spanish court hearing the appeal must determine the validity of the termination
of the employment contracts.
Spanish law provides for a procedure of consulting workers’ representatives in the
event of collective redundancies. However, that procedure does not apply in cases
where the terminations were caused by the retirement of the individual employer.
Newsletter
Week XXVIII – XXIX: 8th to 19th July 2024
The Spanish court wonders, however, whether that exclusion complies with EU Council
Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member
States relating to collective redundancies. It therefore referred the case to the Court.
Background Documents C-196/23
There will be a press release for this case.
Week XXIX 15th to 19th July
Wednesday 17th July
General Court
Judgments in Cases T-689/21 Auken and Others v Commission and T-761/21
Courtois and Others v Commission
(Provisions governing the institutions – Access to documents)
Since 2020, due to the urgency of the situation, the research and development of a
safe and effective vaccine against COVID-19 represented a real challenge for the
European Commission. That same year, thanks to emergency aid and the adoption of
an EU Strategy for COVID-19 vaccines, advance purchase contracts between the
Commission and pharmaceutical companies were concluded following a procurement
procedure launched on behalf of all the participating Member States: some €2.7 billion
was quickly made available to place a firm order for more than a billion doses of
vaccine.
In 2021, some MEPs raised concerns about the lack of transparency in the COVID-19
vaccine contracts negotiated by the Commission at EU level. They requested access to
these documents to understand the terms and conditions of the agreements, and to
ensure that the public interest was protected.
The Commission refused to disclose these documents and only agreed to give partial
access to certain contracts and documents placed online in redacted versions. Certain
passages had in fact been blacked out on the basis of exceptions relating to the