European Union

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701 records in EU in 2022

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Records

Report· CCCELEX 62021CC0158decided

Opinion of Advocate General Richard de la Tour delivered on 14 July 2022.#Criminal proceedings against Lluís Puig Gordi and Others.#Request for a preliminary ruling from the Tribunal Supremo.#Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedures between Member States – Conditions for execution – Jurisdiction of the issuing judicial authority – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Right of access to a tribunal previously established by law – Possibility of issuing a new European arrest warrant relating to the same person.#Case C-158/21.

European Union · Court of Justice of the European Union · 14 July 2022

Report· CCCELEX 62022CC0242decided

Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 July 2022.#Criminal proceedings against TL.#Request for a preliminary ruling from the Tribunal da Relação de Évora.#Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Directive 2010/64/EU – Right to interpretation and translation – Article 2(1) and Article 3(1) – Concept of an ‘essential document’ – Directive 2012/13/EU – Right to information in criminal proceedings – Article 3(1)(d) – Scope – Not implemented in domestic law – Direct effect – Charter of Fundamental Rights of the European Union – Article 47 and Article 48(2) – European Convention for the Protection of Human Rights and Fundamental Freedoms – Article 6 – Suspended prison sentence with probation – Breach of the probation conditions – Failure to translate an essential document and absence of an interpreter when that document was being drawn up – Revocation of the suspension of the prison sentence – Failure to translate the procedural acts relating to that revocation – Consequences for the validity of that revocation – Procedural defect resulting in relative nullity.#Case C-242/22 PPU.

European Union · Court of Justice of the European Union · 14 July 2022

Report· CCCELEX 62020CC0682decided

Opinion of Advocate General Pitruzzella delivered on 14 July 2022.#Les Mousquetaires and ITM Entreprises SAS v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Decision of the European Commission ordering an inspection – Remedies against the conduct of the inspection – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Regulation (EC) No 1/2003 – Article 19 – Regulation (EC) No 773/2004 – Article 3 – Recording of interviews conducted by the Commission during its investigations – Starting point of the Commission’s investigation.#Case C-682/20 P.

European Union · Court of Justice of the European Union · 14 July 2022

Report· CCCELEX 62020CC0690decided

Opinion of Advocate General Pitruzzella delivered on 14 July 2022.#Casino, Guichard-Perrachon and Achats Marchandises Casino SAS (AMC) v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Decision of the European Commission ordering an inspection – Remedies against the conduct of the inspection – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Regulation (EC) No 1/2003 – Article 19 – Regulation (EC) No 773/2004 – Article 3 – Recording of interviews conducted by the Commission during its investigations – Starting point of the Commission’s investigation.#Case C-690/20 P.

European Union · Court of Justice of the European Union · 14 July 2022

Report· CCCELEX 62021CC0237decided

Opinion of Advocate General Richard de la Tour delivered on 14 July 2022.#Generalstaatsanwaltschaft München v S.M.#Request for a preliminary ruling from the Oberlandesgericht München.#Reference for a preliminary ruling – Citizenship of the European Union – Articles 18 and 21 TFEU – Request sent to a Member State by a third State for the extradition of a Union citizen who is a national of another Member State and who has exercised his right to free movement in the first of those Member States – Request made for the purpose of enforcing a custodial sentence – Prohibition on extradition applied solely to own nationals – Restriction of freedom of movement – Justification based on the prevention of impunity – Proportionality.#Case C-237/21.

European Union · Court of Justice of the European Union · 14 July 2022

Record· CJCELEX 62021CJ0168decided

Judgment of the Court (Third Chamber) of 14 July 2022.#KL.#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – Article 2(4) – Condition of double criminality of the act – Article 4(1) – Ground for optional non-execution of the European arrest warrant – Verification by the executing judicial authority – Acts some of which constitute an offence under the law of the executing Member State – Article 49(3) of the Charter of Fundamental Rights of the European Union – Principle of proportionality of criminal offences and penalties.#Case C-168/21.

European Union · Court of Justice of the European Union · 14 July 2022

Record· CJCELEX 62019CJ0743decided

Judgment of the Court (Grand Chamber) of 14 July 2022.#European Parliament v Council of the European Union.#Action for annulment – Law governing the institutions – Bodies, offices and agencies of the European Union – European Labour Authority (ELA) – Competence to determine the location of the seat – Article 341 TFEU – Scope – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting – Jurisdiction of the Court under Article 263 TFEU – Author and legal nature of the act – Absence of binding effects in the EU legal order.#Case C-743/19.

European Union · Court of Justice of the European Union · 14 July 2022

Report· CCCELEX 62020CC0441decided

Opinion of Advocate General Pitruzzella delivered on 14 July 2022.#European Commission v Jiangsu Seraphim Solar System Co. Ltd and Council of the European Union v Jiangsu Seraphim Solar System Co. Ltd.#Appeal – Dumping – Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China – Implementing Regulation (EU) 2016/2146 withdrawing the acceptance of the undertaking for two exporting producers under Implementing Decision 2013/707/EU – Admissibility of the action at first instance – Fourth paragraph of Article 263 TFEU – Criterion of direct concern – Article 277 TFEU – Plea of illegality – Admissibility – Interest in bringing proceedings against the acts which served as the legal basis for the contested measure – Regulation (EU) 2016/1036 – Article 8(9) – Regulation (EU) 2016/1037 – Article 13(9) – Consequences of the withdrawal by the European Commission of acceptance of an undertaking – Implementing Regulation (EU) No 1238/2013 – Article 3 – Implementing Regulation (EU) No 1239/2013 – Article 2 – Loss of entitlement to exemption from duties – Implementing Regulation (EU) 2016/2146 – Article 2 – Invalidation of the undertaking invoices – Chargeability of duties on all the transactions concerned – Lack of retroactivity.#Joined Cases C-439/20 P and C-441/20 P.

European Union · Court of Justice of the European Union · 14 July 2022

Report· CCCELEX 62021CC0366decided

Opinion of Advocate General Pikamäe delivered on 14 July 2022.#Maxime Picard v European Commission.#Appeal – Civil service – Members of the contract staff – Pension – Staff Regulations of Officials of the European Union – 2014 reform – Regulation (EU, Euratom) No 1023/2013 – Annex XIII to those regulations – Second paragraph of Article 21 and second subparagraph of Article 22(1) – Transitional measures relating to the annual rate of accrual of pension rights and retirement age – Conditions of Employment of Other Servants of the European Union – Annex – Article 1(1) – Application of those transitional measures by analogy to other staff employed on 31 December 2013 – Signature of new contract as a member of the contract staff – Act adversely affecting an official – Effective judicial protection.#Case C-366/21 P.

European Union · Court of Justice of the European Union · 14 July 2022

Record· CJCELEX 62021CJ0110decided

Judgment of the Court (Second Chamber) of 14 July 2022.#Universität Bremen v European Research Executive Agency.#Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of non-privileged parties in a direct action before the Courts of the European Union – University teacher – University teacher teaching at the university represented in that action and performing duties as coordinator and head of the project that is the subject matter of the dispute – Condition of independence – Existence of a direct and personal interest in the outcome of the dispute.#Case C-110/21 P.

European Union · Court of Justice of the European Union · 14 July 2022

Record· CJCELEX 62019CJ0106decided

Judgment of the Court (Grand Chamber) of 14 July 2022.#Italian Republic and Comune di Milano v Council of the European Union and European Parliament.#Action for annulment – Law governing the institutions – Regulation (EU) 2018/1718 – Location of the seat of the European Medicines Agency (EMA) in Amsterdam (Netherlands) – Article 263 TFEU – Admissibility – Interest in bringing proceedings – Locus standi – Direct and individual concern – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting in order to determine the location of the seat of an EU agency – Absence of binding effects in the EU legal order – Prerogatives of the European Parliament.#Joined Cases C-106/19 and C-232/19.

European Union · Court of Justice of the European Union · 14 July 2022

Record· CJCELEX 62021CJ0116decided

Judgment of the Court (Third Chamber) of 14 July 2022.#European Commission and Council of the European Union v VW and Others.#Appeal – Civil service – Pension – Staff Regulations of Officials of the European Union – Article 20 of Annex VIII – Grant of a survivor’s pension – Surviving spouse of a former official in receipt of a retirement pension – Marriage entered into after termination of the official’s service – Condition that the marriage must have lasted for at least five years at the date of the official’s death – Article 18 of Annex VIII – Marriage entered into before termination of the official’s service – Condition that the marriage must have lasted for at least one year only – Plea of illegality in respect of Article 20 of Annex VIII – Charter of Fundamental Rights of the European Union – Article 20 – Principle of equal treatment – Article 21(1) – Principle of non-discrimination on the ground of age – Article 52(1) – No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature.#Joined Cases C-116/21 P to C-118/21 P and C-138/21 P.

European Union · Court of Justice of the European Union · 14 July 2022

Record· CJCELEX 62018CJ0059decided

Judgment of the Court (Grand Chamber) of 14 July 2022.#Italian Republic and Comune di Milano v Council of the European Union.#Action for annulment – Law governing the institutions – EU bodies, offices and agencies – European Medicines Agency (EMA) – Competence to determine the location of the seat – Article 341 TFEU – Scope – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting – Jurisdiction of the Court under Article 263 TFEU – Author and legal nature of the act – Absence of binding effects in the EU legal order.#Joined Cases C-59/18 and C-182/18.

European Union · Court of Justice of the European Union · 14 July 2022

Record· CJCELEX 62021CJ0572decided

Judgment of the Court (Fourth Chamber) of 14 July 2022.#CC v VO.#Request for a preliminary ruling from the Högsta domstolen.#Reference for a preliminary ruling – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility – Parental responsibility – Regulation (EC) No 2201/2003 – Article 8(1) and Article 61(a) – General jurisdiction – Perpetuatio fori principle – Transfer, during the proceedings, of the habitual residence of a child from a Member State of the European Union to a third State that is party to the 1996 Hague Convention.#Case C-572/21.

European Union · Court of Justice of the European Union · 14 July 2022

Record· CJCELEX 62021CJ0274decided