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Judgment of the Court (Ninth Chamber) of 18 November 2021.
État belge v LO and Others.
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles.
Reference for a preliminary ruling – Air transport – Regulation (EU) No 1178/2011 – Technical requirements and administrative procedures related to civil aviation aircrew – Points 9 and 10 of Subpart A of Appendix 3 to Annex I – Training course for the issue of a commercial pilot licence – Flying training – Instrument ground time – Calculation – Simulator training – Skill test – Principle of legal certainty – Temporal limitation of the effects of a preliminary ruling.
Judgment of the Court (Eighth Chamber) of 11 November 2021.
Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V. v Dr. August Oetker Nahrungsmittel KG.
Request for a preliminary ruling from the Bundesgerichtshof.
Appeal – State aid – Toll-motorway concession – Law providing for an exemption from tolls for certain vehicles – Compensation granted to the concession holder by the Member State for loss of revenue – Shadow toll – Compensation found by the European Commission to be excessive and to include State aid – Commission decision declaring that aid incompatible with the internal market and ordering its recovery – Procedural rights of the aid beneficiary – Commission’s obligation to exercise particular vigilance – Concept of ‘State aid’ – Advantage – Improvement of the concession holder’s expected financial situation – Criterion of the private operator in a market economy – Distortion of the evidence – Breach of the obligation to state reasons – Misreading of the decision at issue – Substitution of grounds – Reversal of the burden of proof – Breach of the principle of primacy of EU law – Judicial review to be conducted by the General Court – Requirements and limits.
Judgment of the Court (Tenth Chamber) of 28 October 2021.
Associazione per gli Studi Giuridici sull’Immigrazione (ASGI) and Others v Presidenza del Consiglio dei Ministri – Dipartimento per le politiche della famiglia and Ministero dell'Economia e delle Finanze.
Request for a preliminary ruling from the Tribunale di Milano.
Reference for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Article 11 – Directive 2011/98/EU – Rights of third-country workers who hold a single permit – Article 12 – Directive 2009/50/EC – Rights of third-country nationals who hold an EU Blue Card – Article 14 – Directive 2011/95/EU – Rights of beneficiaries of international protection – Article 29 – Equal treatment – Social security – Regulation (EC) No 883/2004 – Coordination of social security systems – Article 3 – Family benefits – Social assistance – Social protection – Access to goods and services – Legislation of a Member State excluding third-country nationals from eligibility for a ‘family card’.
Judgment of the Court (Ninth Chamber) of 28 October 2021.
KAHL G.m.b.H. & Co. K.G. v Hauptzollamt Hannover and C.E. Roeper GmbH v Hauptzollamt Hamburg.
Requests for a preliminary ruling from the Finanzgericht Hamburg.
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Tariff classification – Combined Nomenclature – Tariff subheadings 1521 90 91 and 1521 90 99 – Interpretation of the Explanatory Notes to subheading 1521 90 99 – Beeswax melted down and solidified prior to import.
Joined Cases C-197/20 and C-216/20.
Judgment of the Court (First Chamber) of 6 October 2021.
Scandlines Danmark ApS and Scandlines Deutschland GmbH v European Commission.
Appeal – Action for annulment – State aid – Public financing of the Fehmarn Belt fixed rail-road link – Individual aid – Notified aid declared compatible with the internal market – Execution of an important project of common European interest – Decision not to raise any objections – Monopoly – Distortion of competition and effect on trade.
Case C-174/19 P.
Case T-238/19: Judgment of the General Court of 6 October 2021 — Wepa Hygieneprodukte and Others v Commission (State aid — Aid regime implemented by Germany for certain large electricity consumers — Exemption from network charges for the period 2012-2013 — Decision declaring the aid regime incompatible with the internal market and unlawful and ordering the recovery of the aid granted — Action for annulment — Time limit for bringing an action — Admissibility — Concept of ‘aid’ — State resources — Selectivity)
Case C-54/19 P: Judgment of the Court (Grand Chamber) of 6 October 2021 — Axa Mediterranean Holding SA v European Commission (Appeal — State aid — Article 107(1) TFEU — Tax system — Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State — Concept of ‘State aid’ — Condition relating to selectivity — Reference system — Derogation — Difference in treatment — Justification for the difference in treatment)