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Records

Record· CJCELEX 62014CJ0308decided

Judgment of the Court (First Chamber) of 14 June 2016.#European Commission v United Kingdom of Great Britain and Northern Ireland.#Failure of a Member State to fulfil obligations — Coordination of social security systems — Regulation (EC) No 883/2004 — Article 4 — Equal treatment as regards access to social security benefits — Right of residence — Directive 2004/38/EC — National legislation under which child benefit and child tax credit are not granted to nationals of other Member States who do not have a right of lawful residence.#Case C-308/14.

European Union · Court of Justice of the European Union · 14 June 2016

Record· CJCELEX 62014CJ0410decided

Judgment of the Court (Fifth Chamber) of 2 June 2016.#Dr. Falk Pharma GmbH v DAK-Gesundheit.#Request for a preliminary ruling from the Oberlandesgericht Düsseldorf.#Reference for a preliminary ruling — Public contracts — Directive 2004/18/EC — Article 1(2)(a) — Concept of ‘public contract’ — Scheme for acquiring goods consisting of the authorisation as a supplier of any economic operator who meets the predetermined criteria — Supply of medicinal products that are refundable under a general social security scheme — Contracts concluded between a statutory health insurance fund and all the suppliers of medicinal products based on a given active ingredient who consent to a rebate on the sale price at a predetermined rate — Legislation providing, in principle, for the substitution of a refundable medicinal product marketed by an operator not having concluded such a contract by a medicinal product of the same type marketed by an operator having concluded such a contract.#Case C-410/14.

European Union · Court of Justice of the European Union · 2 June 2016

Record· CJCELEX 62014CJ0499decided

Judgment of the Court (First Chamber) of 10 March 2016.#VAD BVBA and Johannes Josephus Maria van Aert v Belgische Staat.#Request for a preliminary ruling from the Hof van Cassatie.#Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Interpretation — General Rules — Rule 3(b) — Definition of ‘goods put up in sets for retail sale’ — Separate packages.#Case C-499/14.

European Union · Court of Justice of the European Union · 10 March 2016

Record· CJCELEX 62014CJ0440decided

Judgment of the Court (Grand Chamber) of 1 March 2016.#National Iranian Oil Company v Council of the European Union.#Appeal — Restrictive measures against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Implementing Regulation (EU) No 945/2012 — Legal basis — Criterion relating to the material, logistical or financial support for the Government of Iran.#Case C-440/14 P.

European Union · Court of Justice of the European Union · 1 March 2016

Record· CJCELEX 62014CJ0292decided

Judgment of the Court (Fourth Chamber) of 25 February 2016.#Elliniko Dimosio v Stefanos Stroumpoulis and Others.#Request for a preliminary ruling from the Symvoulio tis Epikrateias.#Reference for a preliminary ruling — Directive 80/987/EEC — Approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer — Scope — Outstanding wage claims of seamen working on board a vessel flying the flag of a non-member country — Employer whose registered office is located in the non-member country — Employment contract subject to the law of the non-member country — Employer declared insolvent in a Member State in which its actual head office is located — Article 1(2) — Annex, Section II, A — National legislation providing a guarantee in respect of the outstanding wage claims of seaman only if they are abandoned abroad — Level of protection not equivalent to that provided by Directive 80/987.#Case C-292/14.

European Union · Court of Justice of the European Union · 25 February 2016

Record· CJCELEX 62014CJ0281decided

Judgment of the Court (Tenth Chamber) of 21 January 2016.#Società per l'aeroporto civile di Bergamo-Orio al Serio (SACBO) SpA v European Commission and Innovation and Networks Executive Agency (INEA).#Appeal — Trans-European Transport Network — Financial aid — Closure — Decision declaring certain costs to be ineligible and establishing the final account — Fourth paragraph of Article 263 TFEU — Action for annulment - Challengeable act — Locus standi — Person other than the beneficiary of the aid).#Case C-281/14 P.

European Union · Court of Justice of the European Union · 21 January 2016

Record· CJCELEX 62014CJ0239decided

Judgment of the Court (Fourth Chamber) of 17 December 2015.#Abdoulaye Amadou Tall v Centre public d’action sociale de Huy (CPAS de Huy).#Request for a preliminary ruling from the Tribunal du travail de Liège.#Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2005/85/EC — Minimum standards on procedures in Member States for granting and withdrawing refugee status — Article 39 — Right to an effective remedy — Multiple asylum claims — Non-suspensory effect of an appeal against a decision of the competent national authority not to further examine a subsequent application for asylum — Social protection — Charter of Fundamental Rights of the European Union — Article 19(2) — Article 47.#Case C-239/14.

European Union · Court of Justice of the European Union · 17 December 2015

Record· CJCELEX 62014CJ0300decided

Judgment of the Court (Fourth Chamber) of 17 December 2015.#Imtech Marine Belgium NV v Radio Hellenic SA.#Request for a preliminary ruling from the Hof van beroep te Antwerpen.#Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Conditions for certification — Rights of the debtor — Review of the judgment.#Case C-300/14.

European Union · Court of Justice of the European Union · 17 December 2015

Record· CJCELEX 62014CJ0342decided

Judgment of the Court (Fourth Chamber) of 17 December 2015.#X-Steuerberatungsgesellschaft v Finanzamt Hannover-Nord.#Request for a preliminary ruling from the Bundesfinanzhof.#Reference for a preliminary ruling — Recognition of professional qualifications — Directive 2005/36/EC — Article 5 — Freedom to provide services — Directive 2006/123/EC — Articles 16 and 17(6) — Article 56 TFEU — Tax consultancy company established in a Member State and providing services in another Member State — Legislation of a Member State requiring the registration and recognition of tax consultancy companies.#Case C-342/14.

European Union · Court of Justice of the European Union · 17 December 2015

Record· CJCELEX 62014CJ0326decided

Judgment of the Court (Fourth Chamber) of 26 November 2015.#Verein für Konsumenteninformation v A1 Telekom Austria AG.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling — Directive 2002/22/EC — Electronic communications networks and services — Users’ rights — Right of subscribers to terminate their contract without penalty — Changes to charges under terms of the contract — Increase in charges in line with increase in the consumer price index.#Case C-326/14.

European Union · Court of Justice of the European Union · 26 November 2015

Record· CJCELEX 62013CJ0572decided

Judgment of the Court (Fourth Chamber) of 12 November 2015.#Hewlett-Packard Belgium SPRL v Reprobel SCRL.#Request for a preliminary ruling from the Cour d'appel de Bruxelles.#Reference for a preliminary ruling — Approximation of laws — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Exclusive reproduction right — Exceptions and limitations — Article 5(2)(a) and (b) — Reprography exception — Private copying exception — Requirement for consistent application of exceptions — Concept of ‘fair compensation’ — Recovery of remuneration as fair compensation for multifunction printers — Proportional remunerative payment — Lump-sum remunerative payment — Accumulation of lump-sum and proportional remunerative payments — Method of calculation — Recipients of fair compensation — Authors and publishers — Sheet music.#Case C-572/13.

European Union · Court of Justice of the European Union · 12 November 2015

Record· CJCELEX 62014CJ0425decided

Judgment of the Court (Tenth Chamber) of 22 October 2015.#Impresa Edilux srl and Società Italiana Costruzioni e Forniture srl (SICEF) v Assessorato Beni Culturali e Identità Siciliana – Servizio Soprintendenza Provincia di Trapani and Others.#Request for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione siciliana.#Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Grounds for exclusion from participation in a tendering procedure — Contract falling below the threshold of application of that directive — Fundamental rules of the FEU Treaty — Declaration of acceptance of a legality protocol on combating criminal activity — Exclusion for failure to lodge such a declaration — Whether permissible — Proportionality.#Case C-425/14.

European Union · Court of Justice of the European Union · 22 October 2015

Record· COCELEX 62015CO0093decided

Order of the Court (Second Chamber) of 15 October 2015.#Banco Privado Português SA and Massa Insolvente do Banco Privado Português SA v European Commission.#Appeal — Aid granted by the Republic of Portugal in favour of a financial institution in the form of a State guarantee underwriting a loan — Decision declaring the State aid to be incompatible with the internal market — Article 107(1) TFEU — Article 107(3)(b) TFEU — Appeal manifestly inadmissible and manifestly unfounded.#Case C-93/15 P.

European Union · Court of Justice of the European Union · 15 October 2015

Report· CCCELEX 62014CC0308decided

Opinion of Advocate General Cruz Villalón delivered on 6 October 2015.#European Commission v United Kingdom of Great Britain and Northern Ireland.#Failure of a Member State to fulfil obligations — Coordination of social security systems — Regulation (EC) No 883/2004 — Article 4 — Equal treatment as regards access to social security benefits — Right of residence — Directive 2004/38/EC — National legislation under which child benefit and child tax credit are not granted to nationals of other Member States who do not have a right of lawful residence.#Case C-308/14.

European Union · Court of Justice of the European Union · 6 October 2015

Record· CJCELEX 62014CJ0489decided

Judgment of the Court (Third Chamber) of 6 October 2015.#A v B.#Request for a preliminary ruling from the High Court of Justice of England and Wales.#Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Lis pendens — Articles 16 and 19(1) and (3) — Judicial separation proceedings in a first Member State and divorce proceedings in a second Member State — Jurisdiction of the court first seised — Concept of ‘established’ jurisdiction — Lapse of the first proceedings and commencement of fresh divorce proceedings in the first Member State — Consequences — Time difference between the Member States — Effects on the procedure for seising the courts.#Case C-489/14.

European Union · Court of Justice of the European Union · 6 October 2015

Report· CCCELEX 62014CC0443decided

Opinion of Advocate General Cruz Villalón delivered on 6 October 2015.#Kreis Warendorf v Ibrahim Alo and Amira Osso v and Region Hannover.#Requests for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling — Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 — Articles 23 and 26 — Area of freedom, security and justice — Directive 2011/95/EU — Rules relating to the content of international protection — Subsidiary protection status — Article 29 — Social welfare — Conditions of access — Article 33 — Freedom of movement within the host Member State — Definition — Restriction — Obligation to reside in a particular place — Different treatment — Comparable situations — Balanced distribution of budgetary costs between local authorities — Grounds of migration or integration policy.#Joined Cases C-443/14 and C-444/14.

European Union · Court of Justice of the European Union · 6 October 2015

Record· CJCELEX 62014CJ0059decided

Judgment of the Court (Fourth Chamber) of 6 October 2015.#Firma Ernst Kollmer Fleischimport und -export v Hauptzollamt Hamburg-Jonas.#Request for a preliminary ruling from the Finanzgericht Hamburg.#Reference for a preliminary ruling — Regulation (EC, Euratom) No 2988/95 — Protection of the European Union’s financial interests — Article 1(2) and the first subparagraph of Article 3(1) — Recovery of an export refund — Limitation period — Date from which time runs (dies a quo) — Act or omission by the economic operator — Occurrence of the prejudice — Continuous infringement — Single infringement.#Case C-59/14.

European Union · Court of Justice of the European Union · 6 October 2015

Record· CJCELEX 62013CJ0650decided

Judgment of the Court (Grand Chamber) of 6 October 2015.#Thierry Delvigne v Commune de Lesparre Médoc and Préfet de la Gironde.#Request for a preliminary ruling from the Tribunal d'instance de Bordeaux.#Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 39 and 49 — European Parliament — Elections — Right to vote — Citizenship of the European Union — Retroactive effect of the more lenient criminal law — National legislation providing for the deprivation of the right to vote in the case of a criminal conviction by a final judgment delivered before 1 March 1994.#Case C-650/13.

European Union · Court of Justice of the European Union · 6 October 2015

Record· CJCELEX 62014CJ0032decided

Judgment of the Court (Third Chamber) of 1 October 2015.#ERSTE Bank Hungary Zrt v Attila Sugár.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts concluded between a seller or supplier and a consumer — Mortgage loan agreement — Article 7(1) — Stopping the use of unfair terms — Adequate and effective means — Acknowledgement of the debt — Notarised instrument — Affixation of the enforcement clause by a notary — Enforceable order — Notary’s obligations — Examination by the national court of its own motion of unfair terms — Judicial review — Principles of equivalence and effectiveness.#Case C-32/14.

European Union · Court of Justice of the European Union · 1 October 2015

Record· CJCELEX 62014CJ0201decided

Judgment of the Court (Third Chamber) of 1 October 2015.#Smaranda Bara and Others v Casa Naţională de Asigurări de Sănătate and Others.#Request for a preliminary ruling from the Curtea de Apel Cluj.#Reference for a preliminary ruling — Directive 95/46/EC — Processing of personal data — Articles 10 and 11 — Data subjects’ information — Article 13 — Exceptions and limitations — Transfer by a public administrative body of a Member State of personal tax data for processing by another public administrative body.#Case C-201/14.

European Union · Court of Justice of the European Union · 1 October 2015

Record· CJCELEX 62014CJ0230decided

Judgment of the Court (Third Chamber) of 1 October 2015.#Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság.#Request for a preliminary ruling from the Kúria.#Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Articles 4(1) and 28(1), (3) and (6) — Controller who is formally established in a Member State — Impairment of the right to the protection of personal data concerning natural persons in another Member State — Determination of the applicable law and the competent supervisory authority — Exercise of the powers of the supervisory authority — Power to impose penalties.#Case C-230/14.

European Union · Court of Justice of the European Union · 1 October 2015

Report· CCCELEX 62014CC0292decided

Opinion of Advocate General Cruz Villalón delivered on 24 September 2015.#Elliniko Dimosio v Stefanos Stroumpoulis and Others.#Request for a preliminary ruling from the Symvoulio tis Epikrateias.#Reference for a preliminary ruling — Directive 80/987/EEC — Approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer — Scope — Outstanding wage claims of seamen working on board a vessel flying the flag of a non-member country — Employer whose registered office is located in the non-member country — Employment contract subject to the law of the non-member country — Employer declared insolvent in a Member State in which its actual head office is located — Article 1(2) — Annex, Section II, A — National legislation providing a guarantee in respect of the outstanding wage claims of seaman only if they are abandoned abroad — Level of protection not equivalent to that provided by Directive 80/987.#Case C-292/14.

European Union · Court of Justice of the European Union · 24 September 2015

Record· CJCELEX 62014CJ0047decided

Judgment of the Court (Third Chamber) of 10 September 2015.#Holterman Ferho Exploitatie BV and Others v F.L.F. Spies von Büllesheim.#Request for a preliminary ruling from the Hoge Raad der Nederlanden.#Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 5(1) — Jurisdiction in matters relating to a contract — Article 5(3) — Jurisdiction in matters relating to tort or delict — Articles 18 to 21 — Individual employment contract — Company director’s contract — Termination of the contract — Grounds — Poor performance and wrongful conduct — Action for a declaratory judgment and for damages — Meaning of ‘individual contract of employment’.#Case C-47/14.

European Union · Court of Justice of the European Union · 10 September 2015

Report· CCCELEX 62014CC0297decided

Opinion of Advocate General Cruz Villalón delivered on 8 September 2015.#Rüdiger Hobohm v Benedikt Kampik Ltd & Co. KG and Others.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Jurisdiction in respect of consumer contracts — Articles 15(1)(c) and 16(1) — Meaning of a commercial or professional activity ‘directed to’ the Member State of the consumer’s domicile — Transaction-management contract designed to achieve the economic objective pursued by means of a brokerage contract concluded beforehand in the course of a commercial or professional activity ‘directed to’ the Member State of the consumer’s domicile — Close link.#Case C-297/14.

European Union · Court of Justice of the European Union · 8 September 2015

Report· CCCELEX 62014CC0489decided

Opinion of Advocate General Cruz Villalón delivered on 8 September 2015.#A v B.#Request for a preliminary ruling from the High Court of Justice of England and Wales.#Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Lis pendens — Articles 16 and 19(1) and (3) — Judicial separation proceedings in a first Member State and divorce proceedings in a second Member State — Jurisdiction of the court first seised — Concept of ‘established’ jurisdiction — Lapse of the first proceedings and commencement of fresh divorce proceedings in the first Member State — Consequences — Time difference between the Member States — Effects on the procedure for seising the courts.#Case C-489/14.

European Union · Court of Justice of the European Union · 8 September 2015

Report· CCCELEX 62014CC0300decided

Opinion of Advocate General Cruz Villalón delivered on 8 September 2015.#Imtech Marine Belgium NV v Radio Hellenic SA.#Request for a preliminary ruling from the Hof van beroep te Antwerpen.#Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Conditions for certification — Rights of the debtor — Review of the judgment.#Case C-300/14.

European Union · Court of Justice of the European Union · 8 September 2015

Record· CJCELEX 62014CJ0463decided

Judgment of the Court (Third Chamber) of 3 September 2015.#Asparuhovo Lake Investment Company OOD v Direktor na Direktsia „Obzhalvane i danachno-osiguritelna praktika“ Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite.#Request for a preliminary ruling from the Administrativen sad - Varna.#Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Articles 24(1), 25(b), 62(2), 63 and 64(1) — Meaning of ‘supply of services’ — Subscription contract for the supply of consulting services — Chargeable event — Need for proof of the actual supply of services — Chargeability of the tax.#Case C-463/14.

European Union · Court of Justice of the European Union · 3 September 2015

Report· CCCELEX 62014CC0239decided

Opinion of Advocate General Cruz Villalón delivered on 3 September 2015.#Abdoulaye Amadou Tall v Centre public d’action sociale de Huy (CPAS de Huy).#Request for a preliminary ruling from the Tribunal du travail de Liège.#Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2005/85/EC — Minimum standards on procedures in Member States for granting and withdrawing refugee status — Article 39 — Right to an effective remedy — Multiple asylum claims — Non-suspensory effect of an appeal against a decision of the competent national authority not to further examine a subsequent application for asylum — Social protection — Charter of Fundamental Rights of the European Union — Article 19(2) — Article 47.#Case C-239/14.

European Union · Court of Justice of the European Union · 3 September 2015

Record· CJCELEX 62014CJ0110decided

Judgment of the Court (Fourth Chamber) of 3 September 2015.#Horațiu Ovidiu Costea v SC Volksbank România SA.#Request for a preliminary ruling from the Judecătoria Oradea.#Reference for a preliminary ruling — Directive 93/13/EEC — Article 2(b) — Concept of ‘consumer’ — Credit agreement concluded by a natural person who practises as a lawyer — Repayment of a loan secured on a building owned by the borrower’s law firm — Borrower who has the necessary knowledge to assess the unfairness of a term before signing the agreement.#Case C-110/14.

European Union · Court of Justice of the European Union · 3 September 2015

Report· CCCELEX 62014CC0440decided

Opinion of Advocate General Cruz Villalón delivered on 3 September 2015.#National Iranian Oil Company v Council of the European Union.#Appeal — Restrictive measures against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Implementing Regulation (EU) No 945/2012 — Legal basis — Criterion relating to the material, logistical or financial support for the Government of Iran.#Case C-440/14 P.

European Union · Court of Justice of the European Union · 3 September 2015

Record· CJCELEX 62015CJ0237decided

Judgment of the Court (Grand Chamber) of 16 July 2015.#Minister for Justice and Equality v Francis Lanigan.#Request for a preliminary ruling from the High Court (Ireland).#Reference for a preliminary ruling — Urgent preliminary ruling procedure — Charter of Fundamental Rights of the European Union — Article 6 — Right to liberty and security — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Obligation to execute the European arrest warrant — Article 12 — Keeping the requested person in detention — Article 15 — Surrender decision — Article 17 — Time-limits and detailed procedure for the decision on execution — Consequences of a failure to observe the time-limits.#Case C-237/15 PPU.

European Union · Court of Justice of the European Union · 16 July 2015

Record· CJCELEX 62013CJ0615decided

Judgment of the Court (Second Chamber) of 16 July 2015.#ClientEarth and Pesticide Action Network Europe (PAN Europe) v European Food Safety Authority.#Appeal — Access to documents of the institutions of the European Union — Regulation (EC) No 1049/2001 — Article 4(1)(b) — Regulation (EC) No 45/2001 — Article 8 — Exception to right of access — Protection of personal data — Concept of ‘Personal data’ — Conditions for transfer of personal data — Names of authors of each comment on European Food Safety Authority (EFSA) draft guidance relating to scientific documents to be included in applications for authorisation to place plant protection products on the market — Refusal of access.#Case C-615/13 P.

European Union · Court of Justice of the European Union · 16 July 2015

Record· CJCELEX 62014CJ0039decided

Judgment of the Court (First Chamber) of 16 July 2015.#Proceedings brought by BVVG Bodenverwertungs- und -verwaltungs GmbH.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Sale of agricultural land by public authorities — National provision allowing the competent authorities to object to the sale of agricultural land where the price offered is considered ‘grossly disproportionate’ to the market value — Advantage granted to certain undertakings or for the production of certain goods — Private investor test — Determination of the ‘value of the contract’.#Case C-39/14.

European Union · Court of Justice of the European Union · 16 July 2015