Speaking of the Grand Chamber, it held (per Judge Rosas) that EPSO is not allowed to carry out an examination for a position that requires a “thorough knowledge of English, French or German” in English, French and German only, because that unfairly discriminates against Italians. As such, the judgement of the General Court is overturned. Italy v. Commission Cf. European Law Blog
AG Trstenjak considered a rather unusual fact pattern for a Regulation 44/2001 case: the Land Berlin paid sums that were too large to a number of people claiming compensation for Third Reich-era forced sales. Does the government’s claim for restitution fall under the Regulation? And to what extent can the Land invoke art. 6(1) of the Regulation in order to sue them all together? And does it matter that some of them live in Israel, i.e. outside the EU? The AG argued that the Regulation applies, and offers some guidance on art. 6(1). Land Berlin v. Sapir et al.
AG Jääskinen also looked at Regulation 44/2001, also with a fun fact pattern: In tort, jurisdiction can be based on the place where the tort was allegedly committed. If the tort consist of different elements committed by different actors in different countries, the courts in each of these countries have jurisdiction. The AG argued that this is still true if the defendant responsible for the element of the country in question is not actually being sued. Melzer v. MF Global UK
AG Kokott discussed the case law on the responsibility of parent companies for infringements of the cartel rules committed by their wholly-owned subsidiaries in Commission v. Stichting Administratiekantoor Portielje. While the Stichting achieved a partial win in the General Court, the AG argued that this was in error.
As I already predicted when I first heard about the case, Bloomberg lost their access to documents case against the ECB concerning certain Bank documents about Greece. Thesing and Bloomberg v. ECB
The General Court upheld the Commission’s cartel decision (FR) in Groupement des cartes bancaires « CB » v. Commission (FR). (There was no fine.)