Assistant lawyer Natālija Ķīse complied the material.
Competition & regulatory
CJEU clarifies when mandatory health-related information must appear in advertising for food supplements
Ruled: 17 September 2026
On 17 September 2026, the Court of Justice of the European Union (CJEU) delivered two rulings (cases C-657/24 and C-721/24) offering guidance for food companies on the use of health claims under Regulation (EC) No 1924/2006. It held that written advertising and product labelling serve different purposes, so mandatory health warnings already on a product’s label do not need to be repeated in advertisements. The Court also held that claims about a product’s frequency of intake or method of use can count as a “health claim” depending on context, and that mandatory health-risk disclosures do not need to be quoted word-for-word, as long as their meaning is conveyed clearly and accurately.
Data protection & intellectual property
CJEU has clarified the circumstances in which freedom of expression can justify third-party use of a well-known trade mark
Ruled: 8 September 2026
In its judgment of 8 September 2026 in case C-298/23, Inter IKEA Systems, concerning the use of IKEA’s trade marks in a political campaign, CJEU held that freedom of expression (including political speech and political parody) is capable of amounting to “due cause” for using a sign that is identical or similar to a trade mark with a reputation. This protection is not, however, absolute or automatic: it does not override the trade mark owner’s rights by default. Rather, national courts must undertake a case-by-case balancing exercise, weighing the expressive interest at stake against the legitimate rights and interests of the trade mark proprietor in light of the specific facts before them.
Dispute resolution & risk management
CJEU has clarified the requirements individuals must satisfy to obtain compensation from a Member State where an infringement of EU law is attributable to a national court of last instance
Ruled: 8 September 2026
In two judgments, cases C-163/24 and C-293/24, CJEU confirmed that a final-instance court’s failure to comply with its obligation to make a preliminary reference does not, on its own, give rise to state liability. Liability also requires that the EU-law provision at issue is intended to confer rights on individuals, that the breach is sufficiently serious, and that there is a direct causal link between the breach and the damage sustained.
Advocate General: exclusion from procurement procedures for national security reasons is compatible with EU law, provided certain principles are respected
Delivered: 8 September 2026
Advocate General Andrea Biondi has proposed that the CJEU find that Member States may exclude undertakings from public procurement procedures on grounds of national security, provided such measures comply with EU law, in particular the principles of proportionality, effective judicial protection, and respect for fundamental rights.
CJEU rejects home-court jurisdiction for plane tickets purchased online
Ruled: 17 September 2026
CJEU, in its judgment of 17 September 2026 in case C-876/24, held that the online purchase of a plane ticket does not, by itself, confer jurisdiction on the court of the passenger’s place of residence to hear a claim for compensation for lost baggage in the context of domestic air carriage. The judgment clarifies that the special jurisdictional rules for online contracts do not automatically extend the competent court’s territorial link to the passenger’s domicile.
Energy & infrastructure
CJEU clarifies scope of “direct line” concept under the EU Electricity Directive
Ruled: 17 September 2026
In its judgment of 17 September 2026 in joined cases C-722/24 and C-756/24, CJEU held that a “direct line” under Article 2(41) of Electricity Directive (2019/944) covers both i) a line connecting a new customer to an existing line already used by its owner to supply other customers, even where the line extends beyond the generation site, and ii) a line connecting a producer to a customer who wants to keep a back-up connection to the distribution system, as neither situation requires that the parties be “isolated” from that system.
ESG
EU framework supplementing and amending the rules establishing and simplifying sustainability reporting standards
Published: 21 September 2026
The European Commission has adopted two delegated regulations that simplify the EU’s sustainability reporting rules, implementing changes introduced by Directive (EU) 2026/470, which scaled back the number of companies subject to mandatory sustainability reporting and eased the applicable requirements. Commission Delegated Regulation 2026/1563 revises the mandatory reporting standards, while Commission Delegated Regulation 2026/1560 sets out a voluntary framework for companies outside that mandatory regime, including limits on the sustainability information they can be asked to provide to larger business partners.
Tax & customs
CJEU: excise duty suspension does not determine VAT exemption in triangular transactions
Ruled: 9 September 2026
CJEU has ruled that the mere fact that excisable goods are transported under a duty-suspension arrangement does not, in itself, determine whether a supply qualifies as a VAT-exempt intra-EU supply. In case T-614/25, Trading 4 v Valsts ieņēmumu dienests, the Court held that none of the following is, on its own, sufficient to establish the VAT exemption: the excise-duty regime, the fact that the final purchaser is liable for VAT in the Member State of destination, or proof that the goods physically left the Member State of dispatch.
EU Customs Reform enters into force, implementation now underway
Implementation from: 21 September 2026
The EU Customs Reform has entered into force, launching a simpler customs system across the EU. Following formal adoption by the Council of the European Union and the European Parliament, the reform was published in the Official Journal on 19 September and will be implemented gradually starting 21 September. The reform will modernise the EU customs system by making it more digital, data-driven, and responsive to the growing challenges of international trade, helping EU customs address evolving geopolitical risks, the rapid growth of e-commerce, and rising demand for consumer protection. At its core are a modernised Union Customs Code and the establishment of the EU Customs Authority.
