In this edition of case law digest, we take a look at the recent decisions made from the Court of Justice of the European Union from April to May 2022. These cases cover the de-referencing of allegedly inaccurate content, approximation of laws, air transport and unfair terms in consumer contracts.
Court of Justice of the European Union
PRESS RELEASE No 63/22
22 April 2022
In order to facilitate the public’s access to its judicial activity, The Court of Justice is now broadcasting the delivery of judgements and reading of Advocate Generals’ opinions on its website. At this stage the live broadcast only include cases assigned to the Grand Chamber, in accordance with the timetable provided in the judicial calendar.
Court of Justice of the European Union
PRESS RELEASE No 58/22
5 April 2022 - Case C-140/20 Press and Information Commissioner of An Garda Síochána and others
Approximation of Laws
Facts
In this case, the request for a preliminary ruling was submitted by the Irish Supreme Court on the interpretation of Article 15(1) of Directive 2002/58/EC on privacy and electronic communications on national measures for the retention of traffic and location data for crime and national security purposes.
Judgement
The Court confirmed that EU law precludes the general and indiscriminate retention of traffic and location data relating to electronic communications for the purposes of combating serious crime. In its judgment, the Court, sitting as the Grand Chamber, confirms, while also providing detail as to its scope, the case-law resulting from the judgment in La Quadrature du Net and Others by recalling that the general and indiscriminate retention of traffic and location data relating to electronic communications is not permitted for the purposes of combating serious crime and preventing serious threats to public security. It also confirms the case-law resulting from the judgment in Prokuratuur (Conditions of access to data relating to electronic communications), in particular as regards the obligation to make access by the competent national authorities to those retained data subject to a prior review carried out either by a court or by an administrative body that is independent in relation to a police officer.
Court of Justice of the European Union
7 April 2022 - Advocate General’s Opinion in Case C-460/20
Google (De-referencing of allegedly inaccurate content)
Facts
TU and RE brought an action against Google LLC seeking to obtain, on the one hand, the de referencing of certain links displayed in searches made using the search engine operated by Google LLC, which lead to online third-party articles identifying TU and RE and, on the other, cessation of the display of the photographs accompanying one of those articles in the form of preview images (thumbnails).
Judgement
According to Advocate General Pitruzzella, a request for de-referencing on the basis of information alleged to be false requires the operator of the search engine to carry out the checks which fall within its specific capacities. Furthermore, in the context of a request for removal of thumbnails from the results of an image search, only the informative value of the images in their own right should be taken into consideration.
Court of Justice of the European Union
PRESS RELEASE No 59/22
7 April 2022 - Case C-561/20 United Airlines
Air Transport
Facts
Three air passengers made a single reservation with Lufthansa, via a travel agency, for a flight from Brussels (Belgium) to San José (United States), with a stopover in Newark (United States). The entirety of the flight was operated by United Airlines, a carrier established in the United States. The three passengers arrived at their final destination with a delay of 223 minutes. The company Happy Flights, now holder of their claim, lodged a claim for compensation against United Airlines before Brussels Company Court, arguing that the Regulation on Air Passenger Rights was applicable.
Judgement
The Court of Justice of the European Union held that, passengers of a delayed flight may claim compensation from a non-EU air carrier where that carrier operates the entirety of the flight on behalf of an EU carrier. The Regulation on Air Passenger Rights does not undermine the principle of complete and exclusive sovereignty of a State over its airspace.
Court of Justice of the European Union
7 April 2022 - Case C-249/21 Fuhrmann-2-GmbH v B
Approximation of laws
Facts
This case concerned a request for a preliminary ruling in which a clarification on when an online distance contract becomes binding was sort. The applicant was the owner of a hotel in Germany and advertised rooms in the hotel through booking.com. The defendant had searched for accommodation and was displayed the above hotel which he proceeded to book by clicking on ‘complete booking’ but however didn’t show up. The applicant sued the defendant for breach of contract stating that the defendant – through the intermediary of Booking.com – concluded a contract for accommodation with the applicant and inparticular, that the labelling chosen by Booking.com for the ‘Complete Booking’ button fulfils the special obligations towards consumers in electronic commerce
Judgement
The Court held that, in the context of an ordering process relating to the conclusion of a distance contract by electronic means – whether a form of words displayed on the ordering button or on a similar function, such as the formulation ‘complete booking’, is a formulation ‘corresponding’ to the words ‘order with obligation to pay’, within the meaning of that provision, only the words that appear on that button or that similar function should be taken into account.
Court of Justice of the European Union
5 May 2022 Case C-179/21 Victorinox
Unfair terms in consumer contracts
Facts
The subject matter of this case concerned an Injunctive relief under competition law due to incomplete information concerning a guarantee when offering goods on the internet. The question of whether the mere existence of a manufacturer’s guarantee triggers the information requirement under Article 6(1)(m) of Directive 2011/83/EU was referred for a preliminary ruling
Judgement
The ECJ has held that traders only need to provide pre-contract information to consumers about a manufacturer’s guarantee if the guarantee is a central or decisive element of the trader’s offer and not an incidental part of it. The decision also clarifies what information must be provided.
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