(AGENPARL) – gio 06 marzo 2025 Newsletter
Weeks XI – XII: 10th to 21st March 2025
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Week XI: 10th to 14th March
Tuesday 11th March
Opinion in Case C-448/23 Commission v Poland (Ultra vires review of the Court’s
case-law – Primacy of Union law)
(Principles of Community law)
The European Commission decided to refer Poland to the Court of Justice of the
European Union for violations of EU law by the Polish Constitutional Tribunal and its
case law.
The Commission considers that the rulings of the Polish Constitutional Tribunal
breached the general principles of autonomy, primacy, effectiveness, uniform
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application of Union law and the binding effect of rulings of the Court of Justice of the
European Union.
They also breach Article 19(1) TEU, which guarantees the right to effective judicial
protection, by giving it an unduly restrictive interpretation. Thereby it deprives
individuals before Polish courts from the full guarantees set out in that provision.
The Commission also considers that the Constitutional Tribunal no longer meets the
requirements of an independent and impartial tribunal previously established by law.
The Commission opened the infringement procedure against Poland on December 22,
2021, by sending a letter of formal notice. This followed the rulings of the Polish
Constitutional Tribunal of July 14, 2021 and October 7, 2021, where it had considered
provisions of the EU Treaties incompatible with the Polish Constitution, expressly
challenging the primacy of EU law.
On July 15, 2022, the Commission decided to send a reasoned opinion to Poland, to
All times are 9:30
which Poland replied on September 14, 2022, rejecting the reasoning of the
unless otherwise
Commission and not addressing its concerns.
stated.
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The Commission decided then to refer Poland to the Court of Justice of the European
Union.
Newsletter
Weeks XI – XII: 10th to 21st March 2025
on our website
Background Documents C-448/23
for details of
other cases.
There will be a press release for this case.
Tuesday 11th March
General Court
Judgment in Case T-349/23 Semedo v Parliament
(Staff Regulations of Officials)
In March 2022, a European Parliament advisory committee opened an investigation
against Ms Monica Semedo, a former member of the European Parliament. This
investigation followed a complaint of psychological harassment filed by her former
parliamentary assistant.
In November 2022, the committee adopted a report on this complaint, concluding that
the alleged facts constituted psychological harassment. It therefore recommended
that Ms Semedo be deprived of her subsistence allowance for twenty days. In
December of the same year, the President of the Parliament sent Ms Semedo an
anonymised version of the report, asking her to submit her comments.
The following month, Ms Semedo contested the report, requesting access to the entire
file, which was refused. In April 2023, the President of the Parliament considered,
firstly, that certain behaviours alleged against Ms Semedo constituted psychological
harassment and, secondly, imposed a sanction on her consisting of the loss of the
right to the subsistence allowance for a period of ten days.
Ms Semedo brought an action before the General Court of the European Union
seeking the annulment of these decisions.
Background Documents T-349/23
There will be a press release for this case.
Thursday 13th March
Judgment in Case C-247/23 Deldits
(Principles, objectives and tasks of the Treaties – Data protection)
A person of Iranian nationality was granted refugee status in Hungary on the basis of
his trans-identity in 2014. However, he was registered in the register kept by the
asylum authority according to his birth gender.
Newsletter
Weeks XI – XII: 10th to 21st March 2025
In 2022, he submitted an application to this authority seeking to rectify the reference
to his gender as male and to change his first name on the basis of the GDPR. He relied
on the same medical attestations drawn up by specialists in psychiatry and
gynaecology, but his application was rejected on the grounds that he had not proved
that he had undergone gender reassignment surgery and that the attestations
provided only established his trans-identity.
The citizen concerned brought an action for annulment of that decision before the
F?városi Törvényszék (Budapest-Capital Court, Hungary). This court is asking the Court
of Justice whether the asylum authority is obliged to rectify the gender data in the
asylum register on the basis of the GDPR and, if so, what would be the evidence that
the person concerned would have to provide in support of their claim.
The referring court adds that, as the Hungarian Constitutional Court and the European
Court of Human Rights have already ruled, Hungarian law does not provide for a
procedure for the legal recognition of a change of gender identity for refugees and
since 2020 the possibility of such recognition has ceased to exist for Hungarian
nationals as well.
Background Documents C-247/23
There will be a press release for this case.
Thursday 13th March
Judgment in Case C-271/24 P Shuvalov v Council
(Restrictive measures – Ukraine)
Between 2008 and 2018, Igor Shuvalov was Deputy Prime Minister of the Russian
government. On May 24, 2018 he became President of Vnesheconombank (VEB.RF,
Development and Foreign Trade Bank). As a state-owned financial institution, this
bank implements the economic policy determined by the President of the Russian
Federation.
In February 2022, considering that Mr Shuvalov supported actions and policies that
compromised the territorial integrity, sovereignty and independence of Ukraine, the
Council included him on the list of persons targeted by restrictive measures adopted
by the European Union (Council Decision (CFSP) 2022/265 and Council Implementing
Regulation (EU) 2022/260). This has led, among other things, to the freezing of its
funds and financial resources, as well as a ban on entering EU territory.
In September 2022 (Council Decision (CFSP) 2022/1530 and Council Implementing
Regulation (EU) 2022/1529) and March 2023 (Council Decision (CFSP) 2023/572 and
Council Implementing Regulation (EU) 2023/571), the Council decided to extend the
Newsletter
Weeks XI – XII: 10th to 21st March 2025
restrictive measures against him.
Mr Shuvalov’s application to have these Council acts annulled insofar as they
concerned him was rejected by the General Court of the European Union (T-289/22).
Mr Shuvalov then appealed against this judgment of the General Court to the Court of
Justice.
Background Documents C-271/24 P
There will be a press release for this case.
Week XII: 17th to 21st March
Thursday 20th March
Judgment in Case C-365/23 Arce
(Consumer protection)
In 2009, a young sportsman under the age of 18, represented by his parents, entered
into a contract with a Latvian company that offers sportsmen and women a range of
services to develop their professional skills and careers. The aim of the contract was to
ensure that the young sportsman had a successful professional sporting career in
basketball. The fifteen-year contract provided for a range of services, including training
under the supervision of specialists, sports medicine services, psychological support,
marketing support, legal assistance and accounting. In return, the young sportsman or
sportswoman undertook, if he or she became a professional, to pay the company a
remuneration amounting to 10% of all net income from gaming, advertising,
marketing and media events relating to the sport concerned received during the term
of the contract, provided that this income amounted to at least €1,500 per month.
Given that the income generated by the young sportsman, who has since become a
professional basketball player, from contracts signed with sports clubs totalled more
than €16 million, he would be required to pay 10% of this amount to the said
company, i.e. more than €1.6 million.
The case was brought before the Latvian courts, which held that the contractual clause
in question was unfair. The company concerned appealed to the Supreme Court,
which decided to refer the matter to the Court of Justice. The Court wishes to know
whether the EU Directive on unfair terms in consumer contracts applies to the
contract at issue and, if so, to what extent it precludes such a term.
Background Documents C-365/23
Newsletter
Weeks XI – XII: 10th to 21st March 2025
There will be a press release for this case.
HEARINGS OF NOTE*
Court of Justice
Monday 10th March 2025: 14:30 – Case C-155/24 Nederlandse Voedsel- en
Warenautoriteit and Others (Freedom to provide services – Freedom to provide services)
(streamed on Curia)
Tuesday 11th March 2025: 09:30 – Case C-698/23 P EDPS v Parliament and Council (Law
governing the institutions) (streamed on Curia)
Thursday 13th March 2025: 09:00 – Case C-161/24 OSA (Competition – Dominant position)
Monday 17th March 2025: 14:30 – Case C-258/24 Katholische Schwangerschaftsberatung (Social policy) (streamed on Curia)
Tuesday 18th March 2025: 09:30 – Joined Cases C-722/23 Rugu and C-91/24 Aucroix
(Area of freedom, security and justice – Judicial cooperation in criminal matters – Police
cooperation) (streamed on Curia)
Thursday 20th March 2025: 09:30 – Case C-433/24 Galerie Karsten Greve (Taxation)
General Court
Monday 10th March 2025: 09:30 – Case T-1024/23 London EV v Commission
(Environment)
Wednesday 12th March 2025: 09:30 – Case T-556/23 Swissgrid v ACER and Joined
Cases T-557/23 and T-558/23 Swissgrid v ACER (Energy)
Wednesday 12th March 2025: 09:30 – Case T-1117/23 Usmanov v Council (Restrictive
measures – Ukraine)
Thursday 13th March 2025: 09:30 – Case T-1026/23 Laudamotion v Commission
(Competition – Air transport market)
Thursday 13th March 2025: 09:30 – Case T-290/23 MeSoFa v SRB and Case T-291/23
MeSoFa v SRB (Access to documents – Economic and monetary policy)
Newsletter
Weeks XI – XII: 10th to 21st March 2025
Wednesday 19th March 2025: 09:30 – Case T-1110/23 Ismailova v Council (Restrictive
measures – Ukraine)
Wednesday 19th March 2025: 14:00 – Case T-536/23 AlzChem Trostberg v Commission
(Approximation of laws – marketing and use of biocidal products)
* This is a non-exhaustive list and does not include all the hearings over the next two
weeks.