(AGENPARL) – Thu 04 September 2025 Newsletter
Weeks XXXVII – XXVIII: 8th– 19th September 2025
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Week XXXVII: 8th to 12th September
NEW! LIVE STREAMING OF GENERAL COURT DELIVERY OF JUDGMENTS
We remind you that you can now watch the General Court’s delivery of judgments live!
Tune in on the same page where you follow the Court of Justice’s delivery of
judgments and the reading of opinions:
Wednesday 10th September
General Court
Judgment in Case T-625/22 Austria v Commission
(Environment)
In 2020, the EU legislature (i.e. the European Parliament and the Council of the
European Union) adopted the Taxonomy Regulation, establishing a framework to
promote sustainable investment. This regulation aims to channel financial flows
towards sustainable activities in order to achieve a climate-neutral EU by 2050
(European Climate Law). To this end, it establishes criteria for determining whether an
Download our
economic activity is considered environmentally sustainable for the purposes of
determining the degree of environmental sustainability of an investment.
In order to be considered sustainable, an economic activity must, according to the
taxonomy regulation, contribute substantially to one or more environmental
objectives without causing significant harm to any of those objectives, and comply with
certain technical screening criteria to be established by the European Commission.
The EU legislator has therefore delegated to the Commission the task of establishing
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technical screening criteria to determine the conditions under which an economic
activity can be considered to contribute substantially to climate change mitigation or
adaptation and whether it causes significant harm to any of the other environmental
objectives. On that basis, in 2021, the Commission adopted a delegated regulation
establishing technical screening criteria for economic activities related to renewable
energy.
on our website
Communications Directorate
Press and Information Unit
curia.europa.eu
Newsletter
Weeks XXXVII – XXVIII: 8th – 19th September 2025
for details of
In 2022, the Commission adopted another delegated regulation, establishing technical
other cases.
screening criteria for including certain activities in the nuclear energy and fossil gas
sectors in the categories of activities that make a substantial contribution to climate
change mitigation or adaptation.
Austria brought an action before the General Court of the European Union, seeking
the annulment of that delegated regulation.
Background Documents T-625/22
There will be a press release for this case.
Wednesday 10th September
General Court
Judgments in Cases T-55/24 Meta Platforms Ireland v Commission and T-58/24
Tiktok Technology v Commission
(Approximation of Laws – Regulation of Digital Markets and Services)
The Digital Services Act (DSA) entrusts the European Commission with the task of
supervising providers of certain services, designated as very large platforms or very
large online search engines, once they exceed a significant minimum threshold of
users in the European Union. In order to cover the costs necessary for this purpose
and to carry out these tasks, the Commission collects an annual fee from these
providers, which is calculated on the basis of the average monthly number of users of
each service concerned.
On March 2, 2023, the Commission adopted a delegated regulation supplementing the
DSA by laying down the method and procedures for supervisory fees.
On April 25, 2023, the Commission designated Facebook and Instagram, on the one
hand, and TikTok, on the other, as very large online platforms. In November 2023, it
determined, by means of two enforcement decisions, the amount of the supervisory
fee applicable to each of those three platforms for the year 2023. Meta Platforms
Ireland Ltd and TikTok Technology Ltd brought an action before the General Court of
the European Union against the decision addressed to them respectively.
Background Documents T-55/24
Background Documents T-58/24
There will be one press release for these cases.
Newsletter
Weeks XXXVII – XXVIII: 8th – 19th September 2025
Wednesday 10th September
General Court
Judgment in Case T-315/24 Landeshauptstadt München v EUIPO – Potter Clarkson
(Oktoberfest)
(Intellectual, industrial and commercial property – Trade marks)
Every year, the city of Munich (Germany) organises a beer festival called Oktoberfest.
In 2016, it asked the European Union Intellectual Property Office (EUIPO) to register
this name as a European Union trade mark for numerous goods and services. In doing
so, it sought to preserve both the cultural heritage associated with this festival and the
quality of the products traditionally showcased there.
Following this application, the Oktoberfest trade mark was registered in favour of the
city of Munich. In 2022, the Swedish company Potter Clarkson asked the EUIPO to
cancel this trade mark.
The EUIPO granted this request in respect of the following products:
glassware, porcelain and earthenware; mugs, large cups, cups and tasting glasses;
glasses; beer glasses;
clothing, footwear, headgear, shirts; knitwear; jumpers, vests; T-shirts; undershirts;
dresses; skirts; shorts; trousers; sweaters; caps; hats; scarves; shawls; sweatshirts;
jackets; blazers; waterproof clothing; hosiery and socks; braces; belts.
According to the EUIPO, the sign Oktoberfest was descriptive in nature and lacked
inherent distinctiveness for these goods. However, the EUIPO had not yet ruled on
whether the name had acquired distinctiveness through use.
The city of Munich then brought an action against the EUIPO’s decision before the
General Court of the European Union.
Background Documents T-315/24
There will be a press release for this case.
Wednesday 10th September
General Court
Judgment in Case T-573/23 Positive Group v Council
(Common foreign and security policy)
Newsletter
Weeks XXXVII – XXVIII: 8th – 19th September 2025
Following Russia’s military aggression against Ukraine in 2022, the European Union
adopted a series of restrictive measures. In 2023, the Council of the European Union
adopted a decision to extend the criteria for targeting individuals or entities with these
measures, amending Council Decision 2014/145/CFSP concerning restrictive measures
in respect of actions undermining or threatening the territorial integrity, sovereignty
and independence of Ukraine.
A new criterion (” the IT criterion‘) thus allows for the freezing of funds and economic
resources of entities active in the Russian information technology sector that hold a
licence issued by the Centre for Licensing, Certification and Protection of State Secrets
of the Russian Federal Security Service (FSB) or a ’military weapons and equipment”
licence issued by the Russian Ministry of Industry and Trade.
It was on this basis that Positive Group PAO was added to the list of persons subject to
restrictive measures in June 2023, and remained on the list in September 2023, March
and September 2024. As a holding company of a Russian conglomerate comprising AO
Pozitiv Teknolodzhiz, it is active in the information technology and cyber security
sector and holds a licence administered by the FSB.
Positive Group PAO has requested the removal of its name from the list and the
cancellation of its continued inclusion on the list.
Background Documents T-573/23
There will be a press release for this case.
Thursday 11th September
Judgment in Case C-59/23 P Austria v Commission (Paks II Nuclear Power Plant)
(Competition – State Aid)
By decision of March 6, 2017, the Commission approved the investment aid that
Hungary was planning to grant to the state-owned company MVM Paks II for the
development of two new nuclear reactors at the Paks nuclear power plant site. These
new reactors were to gradually replace the four existing reactors. MVM Paks II was to
become the owner and operator of the two new reactors free of charge. Their
construction was to be financed entirely by the Hungarian State.
The construction of the new reactors was awarded, by direct award, to the Russian
company Nizhny Novgorod Engineering, in accordance with an agreement between
Russia and Hungary on cooperation in the peaceful use of nuclear energy. In the same
agreement, Russia undertook to grant Hungary a state loan to finance most of the
development of the new reactors.
Newsletter
Weeks XXXVII – XXVIII: 8th – 19th September 2025
Austria challenged the Commission’s approval decision before the General Court. In its
judgment of November 30, 2022, the General Court dismissed the action (T-101/18 –
see also Press Release No 192/22). Austria then appealed to the Court of Justice
against the judgment of the General Court.
Background Documents C-59/23 P
There will be a press release for this case.
Thursday 11th September
Judgment in Case C-687/23 Banco Santander
(Freedom of Movement for Persons – Freedom of Establishment)
On June 7, 2017, a resolution scheme for the Spanish bank Banco Popular was
adopted by the Single Resolution Board and approved by the European Commission.
The bank’s share capital was reduced to zero, its outstanding shares were written
down and its Tier 2 capital instruments were converted into shares, which were
subsequently transferred to Banco Santander. In 2018, Banco Santander became the
universal successor to Banco Popular.
A large number of purchasers of various Banco Popular capital instruments brought
actions seeking the nullity of the contracts for the acquisition of those instruments, the
refund of the price paid and/or liability claims based on the information provided by
the bank. In the context of those disputes, the Spanish courts referred questions to
the Court of Justice for a preliminary ruling.
In its judgments of May 5, 2022 (C-410/20) and September 5, 2024 (C-775/22, C-779/22
and C-794/22), the Court ruled that the Bank Recovery and Resolution Directive
prevents shareholders of a credit institution subject to resolution proceedings from
bringing actions for annulment and liability after resolution.
The Spanish Supreme Court, the referring court, has doubts about a situation in which
convertible bonds were converted into shares in Banco Popular before the adoption of
resolution measures in respect of that bank. Unlike the cases that led to the
judgments referred to, the action for annulment of the convertible bond subscription
agreement and the action for liability at issue in the main proceedings were brought
before the resolution of Banco Popular.
Background Documents C-687/23
There will be a press release for this case.
Newsletter
Weeks XXXVII – XXVIII: 8th – 19th September 2025
Thursday 11th September
Judgment in Case C-38/24 Bervidi
(Social policy)
A station operator repeatedly asked her employer to be assigned to a position with
fixed working hours. Her request was based on the need to care for her son, who has
a severe disability and is totally incapacitated. The employer granted her certain
temporary adjustments. However, it refused to make these adjustments permanent.
The operator challenged this refusal before the Italian courts and the case was
brought before the Court of Cassation, Italy.
This national court referred the matter to the Court of Justice because it had doubts
about the interpretation of European Union law on protection against discrimination
for an employee who cares for a severely disabled minor, without being a disabled
person himself.
Background Documents C-38/24
There will be a press release for this case.
Thursday 11th September
Judgment in Case C-802/23 MSIG
(Area of Freedom, Security and Justice – Police cooperation – Borders, asylum and
immigration – Immigration policy)
On September 4, 2019, a leader of the terrorist organisation Euskadi Ta Askatasuna
(ETA) was handed over to the Spanish authorities pursuant to a European arrest
warrant issued by the Central Court (Spain) in connection with criminal proceedings
concerning a terrorist attack on the police station in Oviedo (Spain) on July 21, 1997.
She is accused of committing acts of terrorist destruction, attempted terrorist murder
and assault and battery from France. The sentence is 30 years’ imprisonment.
However, she has already served a 20-year prison sentence in France. As the
accumulation of sentences resulting from convictions handed down by French and
Spanish courts is not permitted under Spanish law, the defendant would then have to
serve a minimum total of 50 years in prison, with no possibility of setting a limit on the
sentence. The Central Court considers that this would constitute a grossly
disproportionate sentence and discriminatory treatment compared to persons
convicted in a single Member State.
Newsletter
Weeks XXXVII – XXVIII: 8th – 19th September 2025
The Central Court noted that the proceedings brought in Spain concerned the same
acts as those referred to in the French judgments. In a 2021 ruling, the Central Court
therefore considered that this was a case of ‘bis in idem’. However, this ruling was
overturned by a ruling of the Spanish Supreme Court on March 21, 2023, which found
that this was not the case and referred the case back to the Central Court for a new
ruling.
Faced with this divergent interpretation, the Central Court decided to refer the matter
to the Court of Justice.
Background Documents C-802/23
There will be a press release for this case.
Week XXXVIII: 15th to 19th September
Thursday 18th September
Opinion in Joined Cases C-188/24 WebGroup Czech Republic and NKL Associates
and C-190/24 Coyote System
(Charter of Fundamental Rights – Freedom of movement for persons – Freedom of
establishment – Freedom to provide services – Consumer protection)
French law prohibits anyone from disseminating pornographic material that is likely to
be seen by minors. In order to enforce this criminal prohibition, the president of the
French Regulatory Authority for Audiovisual and Digital Communication has the power
to issue formal notices and refer cases to the courts. A decree of October 7, 2021
organised this mechanism.
In case C-188/24, Webgroup Czech Republic and NKL Associates sro, two publishers of
websites disseminating pornographic content established in the Czech Republic,
referred the matter to the Council of State, the referring court, to request the
annulment of this decree, which they consider to be contrary to Directive 2000/31/EC.
They consider that the contested decree, as well as its legal basis, fails to comply with
the objectives of Directive 2000/31 by imposing general and abstract measures
targeting a category of information society services described in general terms and
applying indiscriminately to all providers of that category of services.
French legislation has also introduced a measure prohibiting providers of electronic
driving or navigation assistance services using geolocation from retransmitting
information transmitted by their users concerning certain road checks, in order to
prevent drivers from avoiding these checks. A decree has been issued implementing
this legislation.
Newsletter
Weeks XXXVII – XXVIII: 8th – 19th September 2025
In case C-190/24, Coyote System, a company established in France, has asked the
referring court, to annul the mentioned decree, on the grounds, in particular, that it
allegedly fails to comply with the objectives of Directive 2000/31/EC by imposing rules
on operators established outside France that restrict their freedom to provide
services. Secondly, because the said decree imposes on them general obligations to
monitor the information they transmit, allegedly contrary to the directive.
In those circumstances, the referring court decided to refer to the Court of Justice for a
preliminary ruling for the interpretation of Directive 2000/31/EC and of the Charter of
Fundamental Rights of the European Union.
Background Documents C-188/24
Background Documents C-190/24
There will be one press release for these cases.
HEARINGS OF NOTE*
Court of Justice
Tuesday 9th September 2025: 09:30 – Case C-337/24 Denmark v Commission (Strait of
Fehmarn) (State aid) (streamed on Curia)
Wednesday 10th September 2025: 09:30 – Case C-421/24 AGCOM (Online gambling)
(Freedom of movement for persons – Freedom of establishment – Freedom to provide services
– Consumer protection)
Thursday 11th September 2025: 09:30 – Case C-528/24 Boothnesse (Area of Freedom,
Security and Justice – Judicial cooperation in criminal matters)
Thursday 11th September 2025: 09:30 – Case C-565/24 P-GmbH & Co. KG (Voyagescafé) (Taxation – VAT – Consumer protection)
Wednesday 17th September 2025: 09:00 – Joined Cases C-424/24 FIGC and C-425/24
CONI (Competition)
General Court
Monday 08th September 2025: 14:30 – Case T-589/24 A-GmbH (Free movement of goods
– Customs cooperation – Customs Code)
Tuesday 9th September 2025: 09:30 – Case T-1180/23 BW v Europol and Eurojust (Sky
ECC I) (Law governing the institutions)
Tuesday 9th September 2025: 14:30 – Case T-167/24 DG v Europol and Eurojust (Sky
Newsletter
Weeks XXXVII – XXVIII: 8th – 19th September 2025
ECC II) (Law governing the institutions)
Thursday 11th September 2025: 09:30 – Case T-379/23 Çolakoğlu Metalurji v
Commission (Common commercial policy – Dumping)
Friday 12th September 2025: 14:30 – Case T-653/24 Accorinvest (Taxation)
Wednesday 17th September 2025: 14:30 – Case T-369/24 Pumpyanskiy v Council
(Restrictive measures – Ukraine)
* This is a non-exhaustive list and does not include all the hearings over the next two
weeks.