(AGENPARL) – Wed 16 April 2025 Newsletter
Weeks XVII – XVIII: 21st April to 2nd May 2025
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Jacques René
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Week XVII: 21st to 25th April
The Court is in Easter recess between the 21st and the 25th April.
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Week XVIII: 28th April to 2nd May
Tuesday 29th April
Judgment in Case C-181/23 Commission v Malta (Citizenship by investment)
(Citizenship of the Union)
Lily Mahon
Following an amendment to the Maltese Citizenship Act in July 2020, Malta adopted
assisted in the
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regulations that determine the terms and conditions for acquiring ‘Maltese citizenship
by naturalisation for outstanding services through direct investment.’
Under this scheme, foreign investors can apply for naturalisation when they meet a
number of conditions, mainly of a financial nature.
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The Commission considers that this scheme, which grants naturalisation in return for
pre-determined payments or investments to persons who have no real link with Malta,
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violates the rules on citizenship of the Union and the principle of loyal cooperation.
The Commission therefore brought an action for failure to fulfil obligations directed
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against that Malta before the Court of Justice.
Background Documents C-181/23
There will be a press release for this case.
Tuesday 29th April
Judgment in Case C-452/23 Fastned Deutschland
(Freedom of establishment – Freedom to provide services – Approximation of laws)
Communications Directorate
Press and Information unit
curia.europa.eu
Newsletter
Weeks XVII – XVIII: 21st April to 2nd May 2025
All times are 9:30
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Fastned, which operates charging points for electric vehicles in Germany, is
challenging, before a German court, the fact that the two operators of around 90% of
the service areas on German federal motorways, Autobahn Tank & Rast and
Ostdeutsche Autobahntankstellen, have been entrusted by the German State with the
task of building and operating charging points on these areas in 2022.
for details of
To this end, their 360 or so existing concession contracts have been amended, without
other cases.
any prior call for tenders.
280 of these 360 concessions had initially been awarded, also without a call for
tenders, to the predecessor of the two operators in question between 1996 and 1998,
for a maximum period of 40 years. At the time, the predecessor was 100% owned by
the German State, before being fully privatised.
Fastned believes that the extension of concessions to charging stations is invalid, since
it would have been necessary to publish an invitation to tender at European Union
level.
The German court asked the Court of Justice about EU rules on the award of
concessions, which, because of their value, must in principle be open to competition
(Directive 2014/23/EU).
One of these rules allows, under certain conditions, the modification of a concession
without a new award procedure, when this modification is ‘made necessary’ by
unforeseeable circumstances.
According to Fastned, this rule does not apply to concessions that have not been
awarded through a tender procedure.
Background Documents C-452/23
There will be a press release for this case.
Tuesday 29th April
Judgment in Case C-453/23 Prezydent Miasta Mielca
(Competition – State aid)
A Polish company that owns a private railway siding on its land decided to make it
available to a rail carrier in order to benefit from a property tax exemption. To this
end, it requested a tax ruling from the competent authority confirming its entitlement
to this exemption.
Newsletter
Weeks XVII – XVIII: 21st April to 2nd May 2025
Although the company met all the conditions laid down by Polish law, the exemption
was refused on the grounds that, under EU law, it would have constituted unlawful
State aid, as it had not been notified in advance to the Commission.
The company challenged this refusal before the Polish courts.
Uncertain as to whether this property tax exemption could be classified as State aid
under EU law (Art 107 TFEU), the Polish Supreme Administrative Court referred the
matter to the Court of Justice.
The referring court wishes to determine whether this exemption confers a selective
advantage on its beneficiaries and distorts or threatens to distort competition.
Background Documents C-453/23
There will be a press release for this case.
Tuesday 29th April
Opinion in Case C-521/21 Rzecznik Praw Obywatelskich (Recusal of a common
law judge)
(Provisions governing the institutions – Fundamental rights – Charter of Fundamental
Rights)
One of the parties to a civil lawsuit before a Polish court requested the disqualification
of the judge assigned to the case, arguing that her appointment was invalid.
Her candidacy was recommended by the National Council of the Judiciary (KRS), whose
independence from the legislative and executive branches had allegedly been called
into question by a reform introduced in 2017.
Furthermore, appeals by candidates unsuccessful in the appointment procedure fell
within the jurisdiction of the Extraordinary Review and Public Affairs Chamber of the
Polish Supreme Court, composed of judges themselves appointed on the basis of
proposals from the KRS.
The court hearing the disqualification request has applied to the Court of Justice. It
wishes to know whether a judge appointed following the above-mentioned procedure
can be considered an independent tribunal established by law within the meaning of
EU law. If so, the court also questions the procedural consequences to be drawn.
Background Documents C-521/21
There will be a press release for this case.
Newsletter
Weeks XVII – XVIII: 21st April to 2nd May 2025
Wednesday 30th April
Judgment in Case C-386/23 Novel Nutriology
(Foodstuffs – Consumer protection – Approximation of laws)
The German company Novel Nutriology markets a dietary supplement containing
saffron and melon juice extracts. In its advertising, it claimed that these extracts
improved mood or reduced feelings of stress and fatigue.
A German trade association has taken Novel Nutriology to the German courts to
prevent it from making these claims. It considers them to be contrary to EU law.
The German Federal Court of Justice has referred this matter to the Court of Justice.
Background Documents C-386/23
There will be a press release for this case.
Wednesday 30th April
Judgment in Case C-246/24 Generalstaatsanwaltschaft Frankfurt am Main
(Exporting cash to Russia)
(Restrictive measures – Russia)
An air traveller who wanted to travel from Frankfurt am Main via Istanbul to Moscow
for a three-week holiday in Russia was carrying almost €15,000 in cash unannounced.
The money was intended to cover her travelling expenses. Above all, however, it was
intended for dental treatment, hormone treatment at a fertility clinic and follow-up
treatment for breast surgery at a plastic surgery clinic in Russia. Customs seized
banknotes amounting to €13,800 and left the traveller with some €1,000 to cover her
personal travel expenses.
The Higher Regional Court of Frankfurt am Main, which is dealing with criminal
proceedings against the traveller, is asking the Court of Justice to clarify the prohibition
on exporting banknotes denominated in an official currency of a Member State to
Russia. This prohibition provides for an exception for the personal use of travellers to
Russia.
The Court in Frankfurt would like to know whether banknotes intended to be used for
medical treatment such as that at issue here fall within the scope of this exception.
Background Documents C-246/24
Newsletter
Weeks XVII – XVIII: 21st April to 2nd May 2025
There will be a press release for this case.
HEARINGS OF NOTE*
Court of Justice
Tuesday 29th April 2025: 09:30 – Case C-196/24 Aucrinde (Area of Freedom, Security and
Justice) (streamed on Curia)
Wednesday 30th April 2025: 09:30 – Case C-150/24 Aroja (Area of Freedom, Security and
Justice – Asylum Policy)
General Court
Tuesday 29th April 2025: 09:30 – Case T-297/24 Boguslayev v Council (Restrictive
Measures – Ukraine)
* This is a non-exhaustive list and does not include all the hearings over the next two
weeks.