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Records

Record· CJCELEX 62020CJ0273decided

Judgment of the Court (Third Chamber) of 1 August 2022.#Bundesrepublik Deutschland v SW and Others.#Requests for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Right to family reunification – Directive 2003/86/EC – Article 10(3)(a) – Article 16(1)(b) – Concept of ‘minor child’ – Concept of ‘real family relationship’ – Adult applying for family reunification with a minor who has obtained refugee status – Relevant date for assessing status as a minor.#Joined Cases C-273/20 and C-355/20.

European Union · Court of Justice of the European Union · 1 August 2022

Record· CJCELEX 62020CJ0433decided

Judgment of the Court (Second Chamber) of 24 March 2022.#Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte Gesellschaft mbH v Strato AG.#Request for a preliminary ruling from the Oberlandesgericht Wien.#Reference for a preliminary ruling – Harmonisation of certain aspects of copyright and related rights in the information society – Directive 2001/29/EC – Article 2 – Reproduction – Article 5(2)(b) – Private copying exception – Concept of ‘any medium’ – Servers owned by third parties made available to natural persons for private use – Fair compensation – National legislation that does not make the providers of cloud computing services subject to the private copying levy.#Case C-433/20.

European Union · Court of Justice of the European Union · 24 March 2022

Record· CJCELEX 62020CJ0165decided

Judgment of the Court (Fifth Chamber) of 20 January 2022.#ET, acting as liquidator of Air Berlin PLC & Co. Luftverkehrs KG (AB KG) v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Verwaltungsgericht Berlin.#Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading – Directive 2003/87/EC – Article 3e – Inclusion of aviation activities – Directive 2008/101/EC – Allocation and issue of allowances free of charge to aircraft operators – Cessation, by such an operator, of its activities due to insolvency – Decision of the competent national authority refusing to issue allowances to the insolvency administrator of the company in liquidation.#Case C-165/20.

European Union · Court of Justice of the European Union · 20 January 2022

Record· CJCELEX 62020CJ0110decided

Judgment of the Court (Second Chamber) of 13 January 2022.#Regione Puglia v Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Energy – Directive 94/22/EC – Conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons – Authorisation for the prospection of hydrocarbons in a specific geographical area for a specified period – Contiguous areas – Grant of several authorisations to the same operator – Directive 2011/92/EU – Article 4(2) and (3) – Environmental impact assessment.#Case C-110/20.

European Union · Court of Justice of the European Union · 13 January 2022

Record· CJCELEX 62020CJ0124decided

Judgment of the Court (Grand Chamber) of 21 December 2021.#Bank Melli Iran v Telekom Deutschland GmbH.#Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg.#Reference for a preliminary ruling – Commercial policy – Regulation (EC) No 2271/96 – Protection against the effects of the extraterritorial application of legislation adopted by a third country – Restrictive measures taken by the United States of America against Iran – Secondary sanctions adopted by that third country preventing persons from engaging, outside its territory, in commercial relationships with certain Iranian undertakings – Prohibition on complying with such a law – Exercise of a right of ordinary termination.#Case C-124/20.

European Union · Court of Justice of the European Union · 21 December 2021

Record· CJCELEX 62020CJ0497decided

Judgment of the Court (Grand Chamber) of 21 December 2021.#Randstad Italia SpA v Umana SpA and Others.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Obligation of Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law – Public procurement – Directive 89/665/EEC – Article 1(1) and (3) – Article 47 of the Charter of Fundamental Rights of the European Union – Judgment of a Member State’s highest administrative court declaring inadmissible, in breach of the case-law of the Court of Justice, an action brought by a tenderer excluded from a public procurement procedure – No remedy against that judgment before the highest court in that Member State’s judicial order – Principles of effectiveness and equivalence.#Case C-497/20.

European Union · Court of Justice of the European Union · 21 December 2021

Record· CJCELEX 62019CJ0478decided

Judgment of the Court (Second Chamber) of 16 December 2021.#UBS Real Estate Kapitalanlagegesellschaft mbH v Agenzia delle Entrate.#Requests for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Free movement of capital – Closed-ended mutual investment funds – Open-ended mutual investment funds – Investments in real estate – Mortgage registration tax and land registry fees – Tax advantage granted only to closed-ended real estate investment funds – Difference in treatment – Comparability of situations – Objective criteria of differentiation.#Joined Cases C-478/19 and C-479/19.

European Union · Court of Justice of the European Union · 16 December 2021

Record· CJCELEX 62020CJ0217decided

Judgment of the Court (Second Chamber) of 9 December 2021.#XXXX v Staatssecretaris van Financiën.#Request for a preliminary ruling from the Rechtbank Overijssel.#Reference for a preliminary ruling – Directive 2003/88/EC – Organisation of working time – Protection of the health and safety of workers – Article 7(1) – Right to paid annual leave – Level of remuneration – Reduced remuneration due to incapacity for work.#Case C-217/20.

European Union · Court of Justice of the European Union · 9 December 2021

Record· CJCELEX 62020CJ0271decided

Judgment of the Court (Fifth Chamber) of 25 November 2021.#Aurubis AG v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Verwaltungsgericht Berlin.#Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading – Scheme for the free allocation of allowances – Decision 2011/278/EU – Article 3(d) – Fuel benchmark sub-installation – Concepts of ‘combustion’ and ‘fuel’ – Primary copper production by flash smelting – Request for allocation – Allowances requested and not yet allocated on the date of expiry of a trading period – Possibility of issuing such allowances during the subsequent trading period by way of enforcement of a judicial decision given after that date.#Case C-271/20.

European Union · Court of Justice of the European Union · 25 November 2021

Record· CJCELEX 62020CJ0233decided

Judgment of the Court (Seventh Chamber) of 25 November 2021.#WD v job-medium GmbH.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Protection of the safety and health of workers – Article 7(1) – Right to an allowance in lieu of paid annual leave not taken before the end of the employment relationship – Early termination of the employment relationship by the employee.#Case C-233/20.

European Union · Court of Justice of the European Union · 25 November 2021

Record· COCELEX 62020CO0602decided

Order of the Court (Eighth Chamber) of 17 November 2021.#„AKZ - Burgas“ EOOD v Direktor na Direktsia „Obzhalvane i danachno-osiguritelna praktika“ - Burgas.#Request for a preliminary ruling from the Varhoven administrativen sad.#Reference for a preliminary ruling – Social security contributions – Repayment of contributions wrongly paid – Limitation of interest on repayment – National procedural autonomy – Principle of equivalence – Principle of effectiveness – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Manifest inadmissibility.#Case C-602/20.

European Union · Court of Justice of the European Union · 17 November 2021

Record· CJCELEX 62019CJ0650decided

Judgment of the Court (First Chamber) of 28 October 2021.#Vialto Consulting Kft. v European Commission.#Appeal – Action for damages – Non-contractual liability – Pre-Accession Assistance Instrument – Decentralised management – Investigation by the European Anti-Fraud Office (OLAF) – On-the-spot checks – Regulation (Euratom, EC) No 2185/96 – Article 7 – Access to computer data – Digital forensic operation – Principle of legitimate expectations – Right to be heard – Non-material damage.#Case C-650/19 P.

European Union · Court of Justice of the European Union · 28 October 2021

Record· CJCELEX 62020CJ0396decided

Judgment of the Court (Third Chamber) of 21 October 2021.#CHEP Equipment Pooling NV v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Request for a preliminary ruling from the Kúria.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Detailed rules for the refund of VAT to taxable persons not established in the Member State of refund – Directive 2008/9/EC – Article 20(1) – Request for additional information by the Member State of refund – Elements which may be the subject of a request for additional information – Discrepancy between the amount shown in the refund application and that on the invoices submitted – Principle of good administration – Principle of VAT neutrality – Limitation period – Implications for rectifying the taxable person’s error.#Case C-396/20.

European Union · Court of Justice of the European Union · 21 October 2021

Record· CJCELEX 62019CJ0717decided

Judgment of the Court (Seventh Chamber) of 6 October 2021.#Boehringer Ingelheim RCV GmbH & Co. KG Magyarországi Fióktelepe v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 90(1) – Reduction of the taxable amount where the price was reduced after the supply took place – Payment made by a pharmaceutical company to the State health insurance agency – Article 273 – Administrative obligations imposed by national legislation for the exercise of the right to reduction – Principles of fiscal neutrality and proportionality.#Case C-717/19.

European Union · Court of Justice of the European Union · 6 October 2021

Record· COCELEX 62021CO0204(01)decided

Order of the Vice-President of the Court of 6 October 2021.#Republic of Poland v European Commission.#Interim relief – Order on interim measures – Article 163 of the Rules of Procedure of the Court of Justice – Change in circumstances – No such change – Jurisdiction of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Disciplinary regime applicable to the judges of the Sąd Najwyższy (Supreme Court), of the ordinary courts and of the administrative courts – Procedure for review of the conditions for the independence of those judges – Suspension of application of national provisions.#Case C-204/21 R.

European Union · Court of Justice of the European Union · 6 October 2021

Record· CJCELEX 62019CJ0130decided

Judgment of the Court (Full Court) of 30 September 2021.#European Court of Auditors v Karel Pinxten.#Article 286(6) TFEU – Breach of obligations arising from the office of Member of the European Court of Auditors – Deprivation of the right to a pension – Right to effective judicial protection – Regularity of the investigation by the European Anti-Fraud Office (OLAF) – Internal procedure at the Court of Auditors – Activity incompatible with the duties of a Member of the Court of Auditors – Mission expenses and daily allowances – Representation and hospitality expenses – Use of official car – Use of a driver – Conflict of interest – Proportionality of the penalty.#Case C-130/19.

European Union · Court of Justice of the European Union · 30 September 2021

Report· CCCELEX 62020CC0165decided

Opinion of Advocate General Hogan delivered on 23 September 2021.#ET, acting as liquidator of Air Berlin PLC & Co. Luftverkehrs KG (AB KG) v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Verwaltungsgericht Berlin.#Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading – Directive 2003/87/EC – Article 3e – Inclusion of aviation activities – Directive 2008/101/EC – Allocation and issue of allowances free of charge to aircraft operators – Cessation, by such an operator, of its activities due to insolvency – Decision of the competent national authority refusing to issue allowances to the insolvency administrator of the company in liquidation.#Case C-165/20.

European Union · Court of Justice of the European Union · 23 September 2021

Report· CCCELEX 62020CC0228decided

Opinion of Advocate General Hogan delivered on 23 September 2021.#I GmbH v Finanzamt H.#Request for a preliminary ruling from the Niedersächsisches Finanzgericht.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(b) – Exemptions for certain activities in the public interest – Exemption for hospital and medical care – Private hospital – Duly recognised establishment – Comparable social conditions.#Case C-228/20.

European Union · Court of Justice of the European Union · 23 September 2021

Report· CCCELEX 62020CC0433decided

Opinion of Advocate General Hogan delivered on 23 September 2021.#Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte Gesellschaft mbH v Strato AG.#Request for a preliminary ruling from the Oberlandesgericht Wien.#Reference for a preliminary ruling – Harmonisation of certain aspects of copyright and related rights in the information society – Directive 2001/29/EC – Article 2 – Reproduction – Article 5(2)(b) – Private copying exception – Concept of ‘any medium’ – Servers owned by third parties made available to natural persons for private use – Fair compensation – National legislation that does not make the providers of cloud computing services subject to the private copying levy.#Case C-433/20.

European Union · Court of Justice of the European Union · 23 September 2021

Report· CCCELEX 62020CC0251decided

Opinion of Advocate General Hogan delivered on 16 September 2021.#Gtflix Tv v DR.#Request for a preliminary ruling from the Cour de cassation (France).#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(2) – Special jurisdiction in matters relating to tort, delict or quasi-delict – Publication on the internet of allegedly disparaging comments concerning a person – Place where the harmful event occurred – Courts of each Member State in which content placed online is or has been accessible.#Case C-251/20.

European Union · Court of Justice of the European Union · 16 September 2021

Record· CJCELEX 62020CJ0033decided

Judgment of the Court (Sixth Chamber) of 9 September 2021.#UK and Others v Volkswagen Bank GmbH and Others.#Requests for a preliminary ruling from the Landgericht Ravensburg.#Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Consumer credit – Article 10(2) – Information which must be included in the agreement – Obligation to specify the type of credit, the duration of the credit agreement, the rate of late-payment interest and the arrangements for adjusting the rate of late-payment interest applicable at the time of conclusion of the credit agreement – Change in the rate of late-payment interest in step with a change in the base rate set by the central bank of a Member State – Compensation payable in the event of early repayment – Obligation to specify the method used to calculate the change in the rate of late-payment interest and the compensation payable – No obligation to state the options for terminating the credit agreement provided for in national legislation but not provided for in Directive 2008/48 – Article 14(1) – Right of withdrawal exercised by the consumer for failure to include mandatory information under Article 10(2) – Exercised out of time – Creditor precluded from relying on a time bar or abuse of rights.#Joined Cases C-33/20, C-155/20 and C-187/20.

European Union · Court of Justice of the European Union · 9 September 2021

Record· CJCELEX 62019CJ0768decided

Judgment of the Court (Third Chamber) of 9 September 2021.#Bundesrepublik Deutschland v SE.#Request for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Third indent of Article 2(j) – Concept of ‘family member’ – Adult applying for international protection on the basis of his or her family relationship with a minor who has already been granted subsidiary protection – Relevant date for assessing ‘minor’ status.#Case C-768/19.

European Union · Court of Justice of the European Union · 9 September 2021

Report· CCCELEX 62020CC0497decided

Opinion of Advocate General Hogan delivered on 9 September 2021.#Randstad Italia SpA v Umana SpA and Others.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Obligation of Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law – Public procurement – Directive 89/665/EEC – Article 1(1) and (3) – Article 47 of the Charter of Fundamental Rights of the European Union – Judgment of a Member State’s highest administrative court declaring inadmissible, in breach of the case-law of the Court of Justice, an action brought by a tenderer excluded from a public procurement procedure – No remedy against that judgment before the highest court in that Member State’s judicial order – Principles of effectiveness and equivalence.#Case C-497/20.

European Union · Court of Justice of the European Union · 9 September 2021

Record· CJCELEX 62020CJ0379decided

Judgment of the Court (First Chamber) of 2 September 2021.#B v Udlændingenævnet.#Request for a preliminary ruling from the Østre Landsret.#Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Article 13 – Standstill clause – New restriction – Family reunification of minor children of Turkish workers – Age condition – Requirement of compelling reasons in order to be granted family reunification – Overriding reason in the public interest – Successful integration – Proportionality.#Case C-379/20.

European Union · Court of Justice of the European Union · 2 September 2021

Record· CJCELEX 62019CJ0790decided

Judgment of the Court (Second Chamber) of 2 September 2021.#Parchetul de pe lângă Tribunalul Braşov v LG and MH.#Request for a preliminary ruling from the Curtea de Apel Braşov.#Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering and terrorist financing – Directive (EU) 2015/849 – Directive 2005/60/EC – Offence of money laundering – Laundering by the perpetrator of the predicate offence (‘self-laundering’).#Case C-790/19.

European Union · Court of Justice of the European Union · 2 September 2021

Record· COCELEX 62021CO0236decided

Order of the Court (Chamber determining whether appeals may proceed) of 1 September 2021.#sprd.net AG v European Union Intellectual Property Office.#Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed.#Case C-236/21 P.

European Union · Court of Justice of the European Union · 1 September 2021

Report· CCCELEX 62020CC0155decided

Opinion of Advocate General Hogan delivered on 15 July 2021.#UK and Others v Volkswagen Bank GmbH and Others.#Requests for a preliminary ruling from the Landgericht Ravensburg.#Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Consumer credit – Article 10(2) – Information which must be included in the agreement – Obligation to specify the type of credit, the duration of the credit agreement, the rate of late-payment interest and the arrangements for adjusting the rate of late-payment interest applicable at the time of conclusion of the credit agreement – Change in the rate of late-payment interest in step with a change in the base rate set by the central bank of a Member State – Compensation payable in the event of early repayment – Obligation to specify the method used to calculate the change in the rate of late-payment interest and the compensation payable – No obligation to state the options for terminating the credit agreement provided for in national legislation but not provided for in Directive 2008/48 – Article 14(1) – Right of withdrawal exercised by the consumer for failure to include mandatory information under Article 10(2) – Exercised out of time – Creditor precluded from relying on a time bar or abuse of rights.#Joined Cases C-33/20, C-155/20 and C-187/20.

European Union · Court of Justice of the European Union · 15 July 2021

Record· COCELEX 62021CO0204(02)decided

Order of the Vice-President of the Court of 14 July 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Independence of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Charter of Fundamental Rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of questions of law concerning the lack of independence of judges – Exclusive jurisdiction of the Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Extraordinary Review and Public Affairs Chamber) of the Sąd Najwyższy (Supreme Court).#Case C-204/21 R.

European Union · Court of Justice of the European Union · 14 July 2021

Record· CJCELEX 62020CJ0071decided

Judgment of the Court (Fourth Chamber) of 8 July 2021.#Criminal proceedings against VAS Shipping ApS.#Request for a preliminary ruling from the Østre Landsret.#Reference for a preliminary ruling – Articles 49 and 54 TFEU – Freedom of establishment – National legislation requiring third-country nationals employed on a vessel flying the flag of a Member State to hold a work permit in that Member State – Exemption covering vessels that call at the Member State’s port no more than 25 times in a one-year period – Restriction – Article 79(5) TFEU – National legislation aimed at fixing the volumes of admission of third-country nationals coming from third countries to the territory of the Member State concerned in order to seek work, whether employed or self-employed.#Case C-71/20.

European Union · Court of Justice of the European Union · 8 July 2021

Record· CJCELEX 62020CJ0166decided

Judgment of the Court (Sixth Chamber) of 8 July 2021.#BB v Lietuvos Respublikos sveikatos apsaugos ministerija.#Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas.#Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 1 and Article 10(b) – Professional qualifications obtained in several Member States – Conditions for obtaining – No formal evidence of qualifications – Articles 45 and 49 TFEU – Workers – Freedom of establishment.#Case C-166/20.

European Union · Court of Justice of the European Union · 8 July 2021

Report· CCCELEX 62020CC0217decided

Opinion of Advocate General Hogan delivered on 8 July 2021.#XXXX v Staatssecretaris van Financiën.#Request for a preliminary ruling from the Rechtbank Overijssel.#Reference for a preliminary ruling – Directive 2003/88/EC – Organisation of working time – Protection of the health and safety of workers – Article 7(1) – Right to paid annual leave – Level of remuneration – Reduced remuneration due to incapacity for work.#Case C-217/20.

European Union · Court of Justice of the European Union · 8 July 2021

Record· CJCELEX 62019CJ0521decided

Judgment of the Court (Third Chamber) of 1 July 2021.#CB v Tribunal Económico Administrativo Regional de Galicia.#Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Tax inspection – Supply of services as an activity of an agent for performing artists – Transactions subject to VAT – Transactions not declared to the tax authority and not invoiced – Fraud – Reconstitution of the taxable amount for income tax purposes – Principle of VAT neutrality – Inclusion of VAT in the reconstituted taxable amount.#Case C-521/19.

European Union · Court of Justice of the European Union · 1 July 2021

Record· CJCELEX 62019CJ0872decided

Judgment of the Court (Grand Chamber) of 22 June 2021.#République bolivarienne du Venezuela v Council of the European Union.#Appeal – Common foreign and security policy (CFSP) – Restrictive measures taken with regard to the situation in Venezuela – Action for annulment brought by a third State – Admissibility – Fourth paragraph of Article 263 TFEU – Locus standi – Condition that the applicant must be directly concerned by the measure that forms the subject matter of the action – Concept of a ‘legal person’ – Interest in bringing proceedings – Regulatory act which does not entail implementing measures.#Case C-872/19 P.

European Union · Court of Justice of the European Union · 22 June 2021