Austria’s reduced fares scheme for students in public transport, which is limited to students whose parents are in receipt of family allowances in Austria, violates free movement law. Commission v. Austria (per Judge Ó Caoimh)
While Bulgaria is allowed to ban tax debtors from leaving the country (cf. Aladzhov), the same does not go for strictly private debts. In this regard, the Court (per Judge Ó Caoimh) seems significantly more certain than AG Mengozzi, who left some room for exceptions. Byankov v. Glaven sekretar na Ministerstvo na vatreshnite raboti
For completeness sake, we should also mention the latest appeal of Evropaïki Dynamiki, who lost on appeal (per Judge von Danwitz) in their attempt to get an even more complete explanation as to why their tender bid was unsuccessful. Evropaïki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v. Commission Cf. European Law Blog
AG Bot has an opinion on the European Arrest Warrant as applied to in absentia trials. His primary answer simply tracks the 2009 amendment to the EAW Decision, which inserted a new art. 4a which deals expressly with this issue, and the doctrine of primacy. Moreover, the AG argued that this approach is consistent with the right to a fair trial of art. 47 Charter and, more interestingly, with the art. 53 Charter guarantee that the Charter does not detract from the level of protection offered by national Constitutional law and by the ECHR.
In a case that perhaps suggests some shortcomings to the prejudicial question procedure, AG Bot approves of a Spanish scheme to combat money laundering which happens to be focused on Gibraltar, as long as it is justified for overriding reasons in the public interest, is such as to ensure the attainment of its aims and not go beyond that which is necessary to attain those aims, and applies in a non-discriminatory manner, which is for the national, i.e. Spanish, court to verify. Cf. Directive 2005/60. Jyske Bank Gibraltar v. Administración del Estado
AG Mazák hands the Region of Flanders a resounding defeat in its attempts to make sure that in certain areas people can only buy real estate if they show they have a sufficient connection to the municipality in question, as well as its attempts to attach various public service obligations to construction projects of a certain size. Libert et al. v. Flanders and All Projects & Developments NV et al. v. Flanders (NL, DE, FR)