(AGENPARL) - Roma, 5 Marzo 2026 - (AGENPARL) – Thu 05 March 2026 Newsletter
Weeks XI – XII 2026: 9th– 20th March 2026
Contact us
@ENDesk
Jacques René
Zammit
Press Officer
Monica Pizzo
Assistant
Desk Email
Week XI: 9th to 13th March
Thursday 12th March
Judgment in Case C-465/24 SBK Art
(Common foreign and security policy)
In 2022, the European Union adopted restrictive measures against the Russian bank
Sberbank. This decision is part of the sanctions imposed on Russia for its war of
aggression in Ukraine (see Implementing Regulation (EU) 2022/1270). As SBK Art is an
indirect subsidiary of Sberbank, its funds have also been frozen in accordance with EU
law, according to Regulation (EU) No 269/2014 concerning restrictive measures in
respect of actions undermining or threatening the territorial integrity, sovereignty and
independence of Ukraine.
Follow
@EUCourtPress
on X (formerly
STAK, a Dutch legal entity, holds and manages the shares of Fortenova Group TopCo.
Twitter)
In this capacity, STAK issues Fortenova TopCo share certificates and pays dividends to
which holds 41.82% of them.
the holders of these certificates. Among the holders of these certificates is SBK Art,
When the board of directors of STAK convened the holders of share certificates to a
general meeting of shareholders, scheduled for August 18, 2022 in Amsterdam
All times are 9:30
(CET) unless
otherwise stated.
Don’t forget to
check the diary
on our website
(Netherlands), it excluded holders subject to restrictive measures, including SBK Art.
On the day of the meeting, SBK Art nevertheless attempted to exercise the voting
rights attached to its share certificates both physically and electronically, but was
denied access to the meeting and to the electronic voting system. Due to a lack of
quorum, a new meeting was convened for August 30, 2022, with the same exclusion.
for details of
In the meantime, SBK Art filed an application for interim relief seeking an order
other cases.
requiring STAK to admit, during the period until December 31, 2022, its participation in
any meeting and the exercise of the voting rights attached to its share certificates. By
judgment of September 6, 2022, the judge in summary proceedings at the Amsterdam
District Court, Netherlands, granted this application. As a result, a third meeting, which
had been convened for September 8, 2022, was cancelled.
Communications Directorate
Press and Information Unit
curia.europa.eu
Newsletter
Weeks XI – XII 2026: 9th – 20th March 2026
However, on December 29, 2022, on appeal, the Amsterdam Court of Appeal
overturned the decision of the judge in summary proceedings and SBK Art appealed
against that decision to the Court of Cassation.
The Supreme Court of the Netherlands, to which the dispute was referred, asked the
Court of Justice to interpret EU law in relation to the concept of ‘freezing of funds’.
Background Documents C-465/24
There will be a press release for this case.
Thursday 12th March
Judgment in Case C-84/24 EM System
(Common foreign and security policy – Free movement of capital – General and final
provisions)
On December 17, 2020, the Council of the European Union added Belarusian national
A.V.S. to the list of individuals subject to European Union sanctions against Belarus, as
set out in Annex I to Regulation No 765/2006.
The following day, two Lithuanian banks froze the assets of the Lithuanian company
EM SYSTEM on the grounds that 50% of the capital of that company is held by A.V.S.
EM SYSTEM brought an action before the Lithuanian courts seeking the lifting of the
freeze on its assets. When its appeal was dismissed, EM SYSTEM lodged an appeal with
the Supreme Court of Lithuania, which referred questions to the Court of Justice for a
preliminary ruling on the possibility of freezing the funds of a legal person or entity
not included on the list.
Background Documents C-84/24
There will be a press release for this case.
Thursday 12th March
Judgment in Case C-43/24 Shipov
(Fundamental rights – Non-discrimination and citizenship of the Union)
A Bulgarian national was registered at birth as of male sex, with a name, a personal
identification number and identity documents corresponding to that sex. She has
undergone hormone therapy and now presents herself as a woman. The discrepancy
between her feminine appearance and her official identity documents as a person of
Newsletter
Weeks XI – XII 2026: 9th – 20th March 2026
the male sex causes problems she encounters on a daily basis, in particular looking for
a job.
She brought an action before the Bulgarian courts seeking recognition of her female
sex and changes to the particulars of her civil status in her birth certificate. Her
request was refused.
Bulgarian law, as interpreted by the national courts, does not provide for the
possibility to change the sex, name or personal identification number recorded in the
civil status documents in such a case.
The Bulgarian Supreme Court of Cassation before which the dispute has been brought
doubts the compatibility of that legislation with EU law and made a reference for a
preliminary ruling to the Court of Justice.
Background Documents C-43/24
There will be a press release for this case.
Thursday 12th March
Judgment in Case C-514/24 Magyar Telekom
(Approximation of law)
In two judgments handed down in 2020 (Joined cases C‑807/18 and C‑39/19 – see also
press release No. 106/20) and 2021 (Vodafone C‑854/19, Vodafone C‑5/20 and Telekom
Deutschland C‑34/20 – see also press release No. 145/21), the Court of Justice
interpreted EU law as precluding so-called “zero-rating” clauses in internet access
contracts.
Following these judgments, the Hungarian Communications and Media Authority
required electronic communications service providers to amend subscription
contracts containing such clauses.
Under EU law, end users have the right to terminate their contract without additional
costs when the provider plans to amend it, except in a few cases, notably when the
amendment is directly imposed by EU or national law.
Magyar Telekom, a Hungarian company active in the information and communication
technology sector, challenged the decision of the national authority concerning it
before the Hungarian courts. The company considers that the exception to the right of
termination without charge applies not only when those changes are directly imposed
by legislative acts of the European Union or of a Member State, but also when they are
imposed by European Union law or national law, understood in a broader sense.
Newsletter
Weeks XI – XII 2026: 9th – 20th March 2026
The Hungarian Supreme Court, to which the dispute has been referred, asks the Court
of Justice whether an end user may terminate their contract without incurring any
costs as soon as the provider plans to amend it in order to comply with (a) the
interpretation of a provision of EU law given by the Court of Justice, (b) the guidelines
of the Body of European Regulators for Electronic Communications (BEREC) based on
that interpretation, or (c) a decision of a national authority implementing that case law
and those guidelines.
Background Documents C-514/24
There will be a press release for this case.
Thursday 12th March
Opinions in Cases C-660/24 – Commission v Hungary (Time limit imposed for
access to a solicitor) and C-681/24 – Commission v Czech Republic (Time limit
imposed for access to a solicitor)
(Area of Freedom, Security and Justice)
The European Union has adopted a number of directives based on the European
Union’s competence under the Treaties to enact minimum rules concerning the rights
of individuals in criminal procedure. The justification for establishing such rules is to
strengthen mutual trust in national criminal justice systems, as ‘the basis for mutual
recognition, which has itself been elevated to become the cornerstone of the
construction of the area of freedom, security and justice’. The Directive on the right of
access to a lawyer in criminal proceedings establishes common minimum rules
relating to the right for suspects and accused persons to have access to a lawyer at all
stages of criminal proceedings.
Hungarian and the Czech legislation allow suspects or accused persons to be
questioned without a lawyer if the lawyer does not appear within a specified time
period. According to both states, the right of access to a lawyer is satisfied when those
persons are given the opportunity to have the presence of a lawyer. For that reason,
the possibility to carry out questioning if the lawyer does not appear within a certain
time period is not a derogation from the right of access to a lawyer.
The Commission interprets the substance of the right of access to a lawyer as set out
in the Directive as requiring, as a rule, the presence of a lawyer during questioning,
and the only exceptions to that rule are the situations elaborated in that same
Directive. Furthermore, according to the Commission, no provision of Hungarian law
implements the Directive’s specific requirements for waiving that right. Taking the
view that their national legislation incorrectly transposed the Directive, the European
Commission brought an action for failure to fulfil obligations against Hungary and the
Czech Republic before the Court of Justice.
Newsletter
Weeks XI – XII 2026: 9th – 20th March 2026
Background Documents C-660/24
Background Documents C-681/24
There will be one press release for these cases.
Thursday 12th March
Judgment in Case C-477/24 Deldwyn
(Freedom of movement for persons – Freedom to provide services – Non-discrimination and
citizenship of the Union)
A non-EU-country national married to an EU citizen saw his derived right of residence
challenged after the divorce. The Irish authorities refused to provide him with the
information in the file relating to his ex-wife’s periods of employment, which were the
reason for the refusal to renew his residence card.
The applicant requested that this information be disclosed, invoking the principle of
good administration and the right to an effective remedy guaranteed by the Charter of
Fundamental Rights of the European Union.
Background Documents C-477/24
There will be an Info Rapide for the case (available on request).
Week XII: 16th to 20th March
Tuesday 17th March
Judgment in Case C-258/24 Katholische Schwangerschaftsberatung
(Fundamental rights – Principles of Union law – Social policy)
Katholische Schwangerschaftsberatung is an association within the German Catholic
Church that provides counselling to pregnant women. It requires all its employees to
comply with the guidelines of the Catholic Church, according to which all pregnancy
counselling must aim to protect the life of the unborn child and must therefore be
guided by the desire to encourage the pregnant woman to continue with the
pregnancy and accept her child.
When one of its counsellors, a member of the Catholic Church, left the Church,
Katholische Schwangerschaftsberatung dismissed her on that very ground. According
to the applicable canon law, leaving the Catholic Church is considered a serious breach
Newsletter
Weeks XI – XII 2026: 9th – 20th March 2026
of the duty of loyalty.
However, this association also employed staff in the same counselling service who did
not belong to the Catholic Church and who were therefore not at risk of being
dismissed for the same reason. Furthermore, the counsellor concerned had justified
her withdrawal/dismissal on the grounds that the diocese of Limburg levied, in
addition to church tax, an additional church contribution on Catholics who, like her,
were married in an interfaith marriage to a spouse with a high income.
She therefore challenged her dismissal before the German courts.
The Federal Labour Court, considering that the dismissal of the counsellor constituted
direct discrimination on the basis of religion, expressed doubts as to whether this
difference in treatment could be justified. It therefore asked the Court of Justice to
interpret the EU rules on equal treatment in employment and occupation in the light
of the Charter of Fundamental Rights of the European Union.
Background Documents C-258/24
There will be a press release for this case.
Thursday 19th March
Judgment in Case C-526/24 Brillen Rottler
(Principles of Union law)
A citizen residing in Austria subscribed to the newsletter of the family-owned optical
company Brillen Rottler, based in Arnsberg, Germany, more than 500 kilometres from
the German-Austrian border. To do so, he entered his personal data in the registration