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European Union

Records

2,937 ingested records from European Union in 2023. Walk years back as far as this source still publishes.

Record· TOCELEX 62022TO0743(08)decided

Order of the Vice-President of the General Court of 22 December 2023.#Nikita Dmitrievich Mazepin v Council of the European Union.#Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds and economic resources – Application for interim measures – Partial inadmissibility – Prima facie case – Urgency – Weighing up of interests.#Case T-743/22 RIV.

European Union · Court of Justice of the European Union · 22 December 2023

Record· TOCELEX 62023TO0121decided

Order of the General Court (Fifth Chamber) of 22 December 2023.#Exxonmobil Petroleum & Chemical BVBA v European Commission and European Chemicals Agency.#Action for annulment – REACH – Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Letter requesting that the Commission ask ECHA to re-examine the inclusion of phenanthrene on that list – The Commission’s refusal to make a request to ECHA to prepare a dossier in accordance with Annex XV to Regulation No 1907/2006 – Act not open to challenge – Inadmissibility.#Case T-121/23.

European Union · Court of Justice of the European Union · 22 December 2023

Record· CJCELEX 62022CJ0398_SUMdecided

Judgment of the Court (Seventh Chamber) of 21 December 2023.#RQ.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Person concerned not having appeared in person either at first instance or on appeal – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-398/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0086_SUMdecided

Judgment of the Court (Third Chamber) of 21 December 2023.#Papier Mettler Italia S.r.l. v Ministero della Transizione Ecologica and Ministero dello Sviluppo Economico.#Reference for a preliminary ruling – Approximation of laws – Environment – Directive 94/62/EC – Packaging and packaging waste – Directive 98/34/EC – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Obligation on the Member States to notify the European Commission of any draft technical regulation – National legislation containing stricter technical rules than those laid down by EU legislation.#Case C-86/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0667_SUMdecided

Judgment of the Court (Third Chamber) of 21 December 2023.#ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning health – Assessment of an employee’s working capacity – Health insurance medical service processing data concerning the health of its own employees – Conditions for such processing and whether permissible – Article 82(1) – Right to compensation and liability – Compensation for non-material damage – Compensatory function – Impact of negligence on the part of the data controller.#Case C-667/21.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0278_SUMdecided

Judgment of the Court (Fifth Chamber) of 21 December 2023.#AUTOTECHNICA FLEET SERVICES d.o.o. v Hrvatska agencija za nadzor financijskih usluga.#Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Directive 2006/123/EC – Article 2(2)(b) – Scope – Exclusion of financial services – Long-term rental of motor vehicles – Articles 9(1) and 10(1) and (2) – Services subject to prior authorisation.#Case C-278/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0297_SUMdecided

Judgment of the Court (Fifth Chamber) of 21 December 2023.#United Parcel Service, Inc. v European Commission.#Appeal – Action for damages – Concentrations of undertakings – European Commission decision declaring the concentration to be incompatible with the internal market and the functioning of the EEA Agreement – Annulment of the decision on account of procedural defect – Non-contractual liability of the European Union – Causal link.#Case C-297/22 P.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0096_SUMdecided

Judgment of the Court (Fifth Chamber) of 21 December 2023.#CDIL ̶ Companhia de Distribuição Integral Logística Portugal, SA v Autoridade Tributária e Aduaneira.#Reference for a preliminary ruling – Free movement of goods – Article 34 TFEU – Quantitative restrictions on importation – Measures having equivalent effect – National legislation limiting the quantity of cigarettes which can be released for consumption during a given period to a maximum corresponding to the monthly average of the quantities released for consumption in the preceding 12 months – Article 36 TFEU – Justification – Combating tax avoidance and abusive practices – Protection of public health – Taxation – Excise duties – Directive 2008/118/EC – Article 7 – Time at which excise duties become chargeable – Release for consumption of excise goods – Article 9 – Chargeability conditions and applicable rate of excise duty – Applicable quantitative limit exceeded – Excess – Application of the rate of excise duty in force on the date on which the declaration of discharge is lodged.#Case C-96/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0396_SUMdecided

Judgment of the Court (Seventh Chamber) of 21 December 2023.##Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Proceedings amending sentences previously passed – Decision imposing a cumulative sentence – Decision handed down without the person concerned having appeared in person – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-396/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0288_SUMdecided

Judgment of the Court (Third Chamber) of 21 December 2023.#TP v Administration de l'enregistrement, des domaines et de la TVA.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/CE – Article 9 – Taxable persons – Economic activity carried out independently – Concept of ‘economic activity’ – Concept of ‘independent exercise of the activity’ – Activity as a member of the board of directors of a public limited company.#Case C-288/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0281_RESdecided

Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against G. K. and Others.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Article 31 – Cross-border investigations – Judicial authorisation – Scope of the review – Article 32 – Enforcement of assigned measures.#Case C-281/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0340_RESdecided

Judgment of the Court (First Chamber) of 21 December 2023.#Cofidis v Autoridade Tributária e Aduaneira.#Reference for a preliminary ruling – Direct taxation – Article 49 TFEU – Freedom of establishment – Introduction of a tax on the liabilities of credit institutions for the purpose of funding the national social security system – Alleged discrimination against branches of foreign credit institutions – Directive 2014/59/EU – Framework for the recovery and resolution of credit institutions and investment firms – Scope.#Case C-340/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0431_RESdecided

Judgment of the Court (Second Chamber) of 21 December 2023.#Scuola europea di Varese v PD and LC.#Reference for a preliminary ruling – Convention defining the Statute of the European Schools – Article 27(2) – General Rules of the European Schools – Articles 62, 66 and 67 – Challenge to the decision of a Class Council not to authorise a pupil to be promoted to the year above in the secondary school – Lack of jurisdiction of the national courts – Sole jurisdiction of the Complaints Board of the European Schools – Effective judicial protection.#Case C-431/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0718_RESdecided

Judgment of the Court (Grand Chamber) of 21 December 2023.#L.G. v Krajowa Rada Sądownictwa.#Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Inadmissibility.#Case C-718/21.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0488_RESdecided

Judgment of the Court (Grand Chamber) of 21 December 2023.#GV v Chief Appeals Officer and Others.#Reference for a preliminary ruling – Citizenship of the European Union – Articles 21 and 45 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Worker having acquired the nationality of the host Member State while retaining his or her nationality of origin – Directive 2004/38/EC – Article 3 – Beneficiaries – Article 2(2)(d) – Family member – Dependent direct relatives in the ascending line of a worker who is a Union citizen – Article 7(1)(a) and (d) – Right of residence for more than three months – Retention of the status of dependant in the host Member State – Article 14(2) – Retention of the right of residence – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – Social advantages – Social assistance benefits – Unreasonable burden on the social assistance system of the host Member State.#Case C-488/21.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0038_RESdecided

Judgment of the Court (Grand Chamber) of 21 December 2023.#VK and Others v BMW Bank GmbH and Others.#Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Contract of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement.#Joined Cases C-38/21, C-47/21 and C-232/21.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0333_RESdecided

Judgment of the Court (Grand Chamber) of 21 December 2023.#European Superleague Company, SL v Fédération internationale de football association (FIFA) and Union of European Football Associations (UEFA).#Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international sports associations – Professional football – Private law entities vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on prior approval of competitions, on the participation of football clubs and players in those competitions, and also on the exploitation of commercial and media rights related to those competitions – Parallel pursuit of economic activities – Organisation and marketing of competitions – Exploitation of related commercial and media rights – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 102 TFEU – Abuse of dominant position – Justification – Conditions – Article 56 TFEU – Restrictions on the freedom to provide services – Justification – Conditions – Burden of proof.#Case C-333/21.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0124_RESdecided

Judgment of the Court (Grand Chamber) of 21 December 2023.#International Skating Union v European Commission.#Appeal – Competition – Rules introduced by an international sports association – Skating – Private law entity vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on the prior approval of competitions, the participation of athletes in those competitions and the arbitration rules governing conflicts – Parallel pursuit of economic activities – Organisation and marketing of competitions – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Possible justification – Conditions.#Case C-124/21 P.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0167_RESdecided

Judgment of the Court (Second Chamber) of 21 December 2023.#European Commission v Kingdom of Denmark.#Failure of a Member State to fulfil obligations – International road haulage – Regulation (EC) No 1072/2009 – Articles 8 and 9 – Regulation (EC) No 561/2006 – Rest periods – National legislation introducing a maximum parking time at public rest areas of 25 hours along the motorway network of a Member State – Restriction on the freedom to provide road transport services – Burden of proof.#Case C-167/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0421_RESdecided

Judgment of the Court (Fifth Chamber) of 21 December 2023.#SIA 'DOBELES AUTOBUSU PARKS' and Others v Iepirkumu uzraudzības birojs and VSIA 'Autotransporta direkcija'.#Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Article 1(1) – Article 2a(2) – Article 3(1) – Article 4(1) – Article 6(1) – Contract for public passenger transport services by bus – Procedure for the award of a public services contract – Open, transparent and non-discriminatory tendering procedure – Specifications – Amount of compensation granted by the competent national authority – Indexation limited in time and categories of specific costs – Allocation of risks.#Case C-421/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0261_RESdecided

Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against GN.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 15(2) – Surrender procedure between Member States – Grounds for non-execution – Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Article 24(2) and (3) – Taking into consideration the best interests of the child – Right of every child to maintain on a regular basis a personal relationship and direct contact with both parents – Mother of young children living with her.#Case C-261/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0680_RESdecided

Judgment of the Court (Grand Chamber) of 21 December 2023.#UL and SA Royal Antwerp Football Club v Union royale belge des sociétés de football association ASBL.#Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international and national sports associations – Professional football – Private law entities vested with regulatory, control and sanctioning powers – Rules requiring professional football clubs to use a minimum number of ‘home-grown’ players – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 45 TFEU – Indirect discrimination on the basis of nationality – Restriction on the freedom of movement for workers – Justification – Conditions – Burden of proof.#Case C-680/21.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0066_RESdecided

Judgment of the Court (Grand Chamber) of 21 December 2023.#Infraestruturas de Portugal, SA and Futrifer Indústrias Ferroviárias, SA v Toscca - Equipamentos em Madeira Lda.#Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Point (d) of the first subparagraph of Article 57(4) – Award of public contracts in the transport sector – Directive 2014/25/EU – Article 80(1) – Facultative grounds for exclusion – Obligation to transpose – Economic operator entering into agreements aimed at distorting competition – Competence of the contracting authority – Impact of an earlier decision of a competition authority – Principle of proportionality – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Principle of sound administration – Obligation to state reasons.#Case C-66/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0397decided

Urteil des Gerichtshofs (Siebte Kammer) vom 21. Dezember 2023.#Generalstaatsanwaltschaft Berlin gegen LM.#Vorlage zur Vorabentscheidung – Polizeiliche und justizielle Zusammenarbeit in Strafsachen – Rahmenbeschluss 2002/584/JI – Europäischer Haftbefehl – Art. 4a Abs. 1 – Übergabeverfahren zwischen den Mitgliedstaaten – Vollstreckungsvoraussetzungen – Gründe, aus denen die Vollstreckung abgelehnt werden kann – Ausnahmen – Pflicht zur Vollstreckung – In Abwesenheit verhängte Strafe – Wendung ‚Verhandlung, die zu der Entscheidung geführt hat‘ – Betroffener, der weder im ersten Rechtszug noch im Berufungsverfahren persönlich erschienen ist – Nationale Regelung, die ein absolutes Verbot der Übergabe des Betroffenen im Fall einer in Abwesenheit ergangenen Entscheidung vorsieht – Pflicht zur unionsrechtskonformen Auslegung.#Rechtssache C-397/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0281decided

Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against G.K. and Others.#Request for a preliminary ruling from the Oberlandesgericht Wien.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Article 31 – Cross-border investigations – Judicial authorisation – Scope of the review – Article 32 – Enforcement of assigned measures.#Case C-281/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0086decided

Judgment of the Court (Third Chamber) of 21 December 2023.#Papier Mettler Italia S.r.l. v Ministero della Transizione Ecologica and Ministero dello Sviluppo Economico.#Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio.#Reference for a preliminary ruling – Approximation of laws – Environment – Directive 94/62/EC – Packaging and packaging waste – Directive 98/34/EC – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Obligation on the Member States to notify the European Commission of any draft technical regulation – National legislation containing stricter technical rules than those laid down by EU legislation.#Case C-86/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0038decided

Judgment of the Court (Grand Chamber) of 21 December 2023.#VK and Others v BMW Bank GmbH and Others.#Requests for a preliminary ruling from the Landgericht Ravensburg.#Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Contract of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement.#Joined Cases C-38/21, C-47/21 and C-232/21.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0124decided

Judgment of the Court (Grand Chamber) of 21 December 2023.#International Skating Union v European Commission.#Appeal – Competition – Rules introduced by an international sports association – Skating – Private law entity vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on the prior approval of competitions, the participation of athletes in those competitions and the arbitration rules governing conflicts – Parallel pursuit of economic activities – Organisation and marketing of competitions – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Possible justification – Conditions.#Case C-124/21 P.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0167decided

Judgment of the Court (Second Chamber) of 21 December 2023.#European Commission v Kingdom of Denmark.#Failure of a Member State to fulfil obligations – International road haulage – Regulation (EC) No 1072/2009 – Articles 8 and 9 – Regulation (EC) No 561/2006 – Rest periods – National legislation introducing a maximum parking time at public rest areas of 25 hours along the motorway network of a Member State – Restriction on the freedom to provide road transport services – Burden of proof.#Case C-167/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0667decided

Judgment of the Court (Third Chamber) of 21 December 2023.#ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning health – Assessment of an employee’s working capacity – Health insurance medical service processing data concerning the health of its own employees – Conditions for such processing and whether permissible – Article 82(1) – Right to compensation and liability – Compensation for non-material damage – Compensatory function – Impact of negligence on the part of the data controller.#Case C-667/21.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0278decided

Judgment of the Court (Fifth Chamber) of 21 December 2023.#AUTOTECHNICA FLEET SERVICES d.o.o. v Hrvatska agencija za nadzor financijskih usluga.#Request for a preliminary ruling from the Upravni sud u Zagrebu.#Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Directive 2006/123/EC – Article 2(2)(b) – Scope – Exclusion of financial services – Long-term rental of motor vehicles – Articles 9(1) and 10(1) and (2) – Services subject to prior authorisation.#Case C-278/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0398decided

Judgment of the Court (Seventh Chamber) of 21 December 2023.#RQ.#Request for a preliminary ruling from the Kammergericht Berlin.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Person concerned not having appeared in person either at first instance or on appeal – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-398/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0718decided

Judgment of the Court (Grand Chamber) of 21 December 2023.#L.G. v Krajowa Rada Sądownictwa.#Request for a preliminary ruling from the Sąd Najwyższy.#Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Inadmissibility.#Case C-718/21.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62021CJ0488decided

Judgment of the Court (Grand Chamber) of 21 December 2023.#GV v Chief Appeals Officer and Others.#Request for a preliminary ruling from the Court of Appeal.#Reference for a preliminary ruling – Citizenship of the European Union – Articles 21 and 45 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Worker having acquired the nationality of the host Member State while retaining his or her nationality of origin – Directive 2004/38/EC – Article 3 – Beneficiaries – Article 2(2)(d) – Family member – Dependent direct relatives in the ascending line of a worker who is a Union citizen – Article 7(1)(a) and (d) – Right of residence for more than three months – Retention of the status of dependant in the host Member State – Article 14(2) – Retention of the right of residence – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – Social advantages – Social assistance benefits – Unreasonable burden on the social assistance system of the host Member State.#Case C-488/21.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0066decided

Judgment of the Court (Grand Chamber) of 21 December 2023.#Infraestruturas de Portugal, SA and Futrifer Indústrias Ferroviárias, SA v Toscca - Equipamentos em Madeira Lda.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Point (d) of the first subparagraph of Article 57(4) – Award of public contracts in the transport sector – Directive 2014/25/EU – Article 80(1) – Facultative grounds for exclusion – Obligation to transpose – Economic operator entering into agreements aimed at distorting competition – Competence of the contracting authority – Impact of an earlier decision of a competition authority – Principle of proportionality – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Principle of sound administration – Obligation to state reasons.#Case C-66/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0396decided

Judgment of the Court (Seventh Chamber) of 21 December 2023.#Request for a preliminary ruling from the Kammergericht Berlin.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Proceedings amending sentences previously passed – Decision imposing a cumulative sentence – Decision handed down without the person concerned having appeared in person – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-396/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0288decided

Judgment of the Court (Third Chamber) of 21 December 2023.#TP v Administration de l'enregistrement, des domaines et de la TVA.#Request for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/CE – Article 9 – Taxable persons – Economic activity carried out independently – Concept of ‘economic activity’ – Concept of ‘independent exercise of the activity’ – Activity as a member of the board of directors of a public limited company.#Case C-288/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0340decided

Judgment of the Court (First Chamber) of 21 December 2023.#Cofidis v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD).#Reference for a preliminary ruling – Direct taxation – Article 49 TFEU – Freedom of establishment – Introduction of a tax on the liabilities of credit institutions for the purpose of funding the national social security system – Alleged discrimination against branches of foreign credit institutions – Directive 2014/59/EU – Framework for the recovery and resolution of credit institutions and investment firms – Scope.#Case C-340/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0431decided

Judgment of the Court (Second Chamber) of 21 December 2023.#Scuola europea di Varese v PD and LC.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Convention defining the Statute of the European Schools – Article 27(2) – General Rules of the European Schools – Articles 62, 66 and 67 – Challenge to the decision of a Class Council not to authorise a pupil to be promoted to the year above in the secondary school – Lack of jurisdiction of the national courts – Sole jurisdiction of the Complaints Board of the European Schools – Effective judicial protection.#Case C-431/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0096decided

Judgment of the Court (Fifth Chamber) of 21 December 2023.#CDIL ̶ Companhia de Distribuição Integral Logística Portugal, SA v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Free movement of goods – Article 34 TFEU – Quantitative restrictions on importation – Measures having equivalent effect – National legislation limiting the quantity of cigarettes which can be released for consumption during a given period to a maximum corresponding to the monthly average of the quantities released for consumption in the preceding 12 months – Article 36 TFEU – Justification – Combating tax avoidance and abusive practices – Protection of public health – Taxation – Excise duties – Directive 2008/118/EC – Article 7 – Time at which excise duties become chargeable – Release for consumption of excise goods – Article 9 – Chargeability conditions and applicable rate of excise duty – Applicable quantitative limit exceeded – Excess – Application of the rate of excise duty in force on the date on which the declaration of discharge is lodged.#Case C-96/22.

European Union · Court of Justice of the European Union · 21 December 2023

Record· CJCELEX 62022CJ0261decided

Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against GN.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 15(2) – Surrender procedure between Member States – Grounds for non-execution – Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Article 24(2) and (3) – Taking into consideration the best interests of the child – Right of every child to maintain on a regular basis a personal relationship and direct contact with both parents – Mother of young children living with her.#Case C-261/22.

European Union · Court of Justice of the European Union · 21 December 2023

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