(AGENPARL) – Thu 15 January 2026 Newsletter
Weeks IV – V 2026: 19th – 30th January 2026
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Newsletter.
Week IV: 19th to 23th January
Thursday 22nd January
Judgment in Case C-554/24 P Poland v Commission (Retroactive cancellation of
provisional measures)
(Law governing the institutions)
Considering that the expansion and extension of lignite mining activities in the Polish
mine in Turów, located near the borders of the Czech Republic and Germany, violated
EU law, the Czech Republic brought an action for failure to fulfil obligations against
Poland before the Court of Justice.
On May 21, 2021, at the request of the Czech Republic, the Vice-President of the Court
ordered Poland to immediately cease mining until the judgment ending the dispute is
delivered (C-121/21 R, see also Press release Nr. 89/21).
As Poland did not comply with this order, the Vice-President, at the request of the
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Czech Republic, ordered Poland to pay the European Commission a daily penalty
payment of € 500,000. This measure was intended to ensure compliance with the
on X (formerly
order of May 21, 2021 and to prevent Poland from delaying its implementation.
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On February 3, 2022, the Czech Republic and Poland reached an amicable settlement
(C-121/21, see also Press release Nr. 23/22). As a result, the Court removed the case
from its register and the daily penalty payments ceased to run from February 4, 2022.
According to Poland, this friendly settlement had retroactively cancelled the penalties
imposed. The Commission did not share this view. As Poland had not paid the
penalties despite the formal notice, the Commission informed it that it would offset
the amount due on 3 February 2022 against that Member State’s claims on the Union
budget. The amount recovered in this way was € 68.5 million.
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Poland then brought two actions before the General Court of the European Union
seeking annulment of five Commission compensation decisions. On May 29, 2024, the
General Court dismissed them as unfounded (T-200/22 and T-314/22, see also Press
curia.europa.eu
Newsletter
Weeks III – IV 2026: 12th – 23rd January 2026
(CET) unless
release Nr. 87/24).
otherwise stated.
Don’t forget to
check the diary
on our website
for details of
other cases.
Poland then lodged an appeal with the Court, seeking the annulment of the General
Court’s judgment and the contested Commission decisions.
Background Documents C-554/24 P
There will be a press release for this case.
Thursday 22nd January
Judgment in Case C-144/24 Commission v Hungary (Additional mining royalty)
(Freedom of movement for persons – Freedom of establishment)
By the present action for failure to fulfil obligations brought against Hungary, the
European Commission asks the Court to declare that, by adopting, during 2021,
national rules on the payment of an additional mining fee and on the minimum
extraction volume of certain mineral resources, Hungary has failed to fulfil its
obligations under Article 49 TFEU, enshrining the freedom of establishment, on the
ground that those rules restrict the possibility, for persons and undertakings
established in another Member State, of starting up or pursuing in Hungary an activity
covered by those rules, and Article 5(1) of Directive (EU) 2015/1535, in that Hungary
failed to notify the draft laws to the Commission as required by that article.
Background Documents C-144/24
There will be a press release for this case.
Thursday 22nd January
Opinion in Case C-877/24 Shamsi
(Area of Freedom, Security and Justice)
In 2015, an Azerbaijani national was sentenced by a Dutch court to life imprisonment
for several murders committed in May 2011. In 2018, following this conviction, his
residence permit was withdrawn with retroactive effect from May 12, 2011. He was
also ordered to leave the territory of the European Union (EU) immediately.
In 2020, an Afghan national was sentenced by a Dutch court to 25 years’
imprisonment for two attempted terrorist murders committed on the day he entered
the Netherlands. He had entered the Netherlands from Germany in 2018, after his
asylum application in Germany had been definitively rejected. In 2023, the Minister
ordered him to leave the EU immediately.
Newsletter
Weeks III – IV 2026: 12th – 23rd January 2026
The Dutch Council of State, to which these cases were referred, decided to put
questions to the Court of Justice.
The question the referring court is asking is whether a removal decision could validly
be taken in both cases, given that removal was impossible due to the enforcement of
a long prison sentence.
It notes that Directive 2008/115/EC appears to impose an obligation to adopt a return
decision in such a situation, but that it does not clearly determine how that obligation
relates to the fact that any possibility of effective return is excluded for a long period.
Furthermore, in the event that the Minister was not empowered to take a return
decision, the Dutch Council of State wishes to determine whether they were then
obliged to grant a residence permit to the two persons concerned in order to avoid a
situation in which they could not be subject to return proceedings without being able
to reside legally.
Background Documents C-877/24
There will be a press release for this case.
Week V: 26th to 30th January
Tuesday 27th January
Judgment in Case C-271/23 Commission v Hungary (Reclassification of cannabis)
(Law governing the institutions)
In November 2020, the Council of the European Union adopted a decision on the
common position to be taken by Member States on behalf of the Union at the
upcoming session of the United Nations Commission on Narcotic Drugs. The purpose
of this common position was to amend the classification of cannabis and related
substances in the Single Convention on Narcotic Drugs, in order to take account of the
World Health Organisation’s recommendation to allow scientific knowledge on its
therapeutic value to progress. During a vote on an amendment to the United Nations
Conventions on Narcotic Drugs and Psychotropic Substances, the representative of
Hungary not only voted in violation of the common position adopted by the Council,
but also made a statement contradicting that common position.
In response to this situation, the European Commission brought infringement
proceedings against Hungary. According to the Commission, Hungary has violated the
EU’s exclusive external competence and the principle of sincere cooperation.
Newsletter
Weeks III – IV 2026: 12th – 23rd January 2026
Background Documents C-271/23
There will be a press release for this case.
Thursday 29th January
Judgment in Case C-811/23 P Commission v Zippo Manufacturing and Others
(Commercial policy)
In January 2020, the United States increased the custom duties on imports of certain
aluminium and steel products. The Commission considered that the objective of that
measure was to protect domestic industry against foreign competition. In response, it
imposed from May 8, 2020 (until December 31, 2021) additional custom duties (of up
to 20%) on imports into the European Union (EU) of certain products originating in the
United States (US); in particular only lighters of a certain type were subject to an
increase in customs duties of 20%.
Zippo Manufacturing claims to be the only known manufacturer of metal mechanical
windproof lighters in the US. A significant part of its lighters, which it distributes under
the Zippo brand, is imported into the EU. Considering that the increase in customs
duties on its lighters had, inter alia, breached the principle of good administration and
in particular, its right to be heard beforehand, Zippo seeked the annulment of
that increase before the General Court of the European Union.
The Court upheld Zippo’s action and annulled the increase in customs duties on the
type of lighters at issue (case T-402/20, see also Press release No. 157/23).
The Commission appealed the General Court’s ruling at the Court, asking to set it
aside.
Background Documents C-811/23 P
There will be an Info Rapide for the case (available on request).
HEARINGS OF NOTE*
Court of Justice
Wednesday 21st January 2026: 09:30 Case C-157/25 Jas Forwarding Worldwide
(Belgium) (Commercial policy)
Newsletter
Weeks III – IV 2026: 12th – 23rd January 2026
Thursday 22nd January 2026: 09:30 Case C-23/25 Sutuska (Consumer protection)
Thursday 22nd January 2026: 09:30 Case C-205/25 Bayerisches Landesamt für
Datenschutzaufsicht (Principles of Union law – Protection of personal data)
Tuesday 27th January 2026: 09:30 Case C-242/25 SEB banka (Consumer protection)
(streamed on Curia)
Thursday 29th January 2026: 09:30 Case C-164/25 Telekom Slovenije (Approximation of
laws – Fundamental rights)
General Court
Monday 19th January 2026: 14:30 – Case T-588/24 OT v Council (Restrictive measures Ukraine)
Tuesday 20th January 2026: 09:30 Case T-600/24 Konov v Council (Restrictive measures Ukraine)
Tuesday 20th January 2026: 09:30 Case T-682/24 Red Bull and Others v Commission
(Competition)
Wednesday 21st January 2026: 09:30 Case T-460/24 Gagarina v Council (Restrictive
measures – Ukraine)
Thursday 22nd January 2026: 09:30 Case T-268/21 RENV Ryanair v Commission (Italy;
aid scheme; COVID-19) and Case T-538/24 Ryanair v Commission (State aid)
Thursday 22nd January 2026: 14:30 Case T-313/25 Kinova Europe (Free movement of
goods – Customs Union and Common Customs Tariff – Tariff classification)
Tuesday 27th January 2026: 09:30 Case T-296/24 Kesaev v Council (Restrictive measuresUkraine)
Thursday 29th January 2026: 09:30 Case T-1118/23 Ryanair and Airport Marketing
Services v Commission (State aid)
* This is a non-exhaustive list and does not include all the hearings over the next two
weeks.