Case Law Review of the Court of Justice of the European Union. Second half 2024

Abstract

This Chronicle, a six-monthly report, follows up on the most important judicial decisions of the European Court of Justice. The selection is made in view of the formation of the ECJ, especially that of the Grand Chamber, the novelty of the topics addressed and, in particular, their relevance from the perspective of Spanish law. The first part examines judgments concerning the European institutions and other EU countries; and then, in the second part, the judgments generated as a result or from direct actions and questions referred for a preliminary ruling in Spain are commented on with a greater degree of completeness. This Chronicle deals with judicial independence as it has been dealt with by the ECJ in the appointment of a judge to the General Court or in the inadmissibility of a question referred for a preliminary ruling from Poland by a judge considered to be illegitimate. The Commission has won the battle on state aid against Ireland and Apple. It also sets out the limits imposed by European Union law on cassation appeals before national Supreme Courts and the limits imposed by the Charter on the enforcement of judgments of other European Union judges. Citizenship of the Union determines that the prohibition on joining political parties in Poland or the Czech Republic is contrary to EU law. The ECJ is outlining the scope of the right to the environment and the right to health. There have been many judgments by the Court of Justice answering questions referred for a preliminary ruling by Spanish courts concerning the protection of social rights, bank reorganisation measures, unfair terms in consumer matters, foreign nationals, agricultural policy, protection of wolves, discharge of liabilities or free movement of capitals; and I refer to the criterion laid down by the ECJ which dismisses appeals for interpreting judgments that answer references for a preliminary ruling and trial cost before ECJ.