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29 records in EU in 2023

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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 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 62022CJ0128_RESdecided

Judgment of the Court (Grand Chamber) of 5 December 2023.#Nordic Info BV v Belgische Staat.#Reference for a preliminary ruling – Directive 2004/38/EC – Articles 27 and 29 – Measures restricting the free movement of Union citizens on public health grounds – Measure of general application – National legislation providing for a ban on leaving the national territory in order to engage in non-essential travel to Member States classified as high-risk zones in the context of the COVID-19 pandemic and an obligation for every traveller entering the national territory from one of those Member States to undergo screening tests and to observe quarantine – Schengen Borders Code – Article 23 – Exercise of police powers in the field of public health – Equivalence with the exercise of border checks – Article 25 – Possibility of reintroducing border controls at internal borders in the context of the COVID-19 pandemic – Controls carried out in a Member State as part of measures prohibiting the crossing of borders for the purpose of engaging in non-essential travel from or to States in the Schengen area classified as high-risk zones in the context of the COVID-19 pandemic.#Case C-128/22.

European Union · Court of Justice of the European Union · 5 December 2023

Record· CJCELEX 62022CJ0128decided

Judgment of the Court (Grand Chamber) of 5 December 2023.#Nordic Info BV v Belgische Staat.#Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel.#Reference for a preliminary ruling – Directive 2004/38/EC – Articles 27 and 29 – Measures restricting the free movement of Union citizens on public health grounds – Measure of general application – National legislation providing for a ban on leaving the national territory in order to engage in non-essential travel to Member States classified as high-risk zones in the context of the COVID-19 pandemic and an obligation for every traveller entering the national territory from one of those Member States to undergo screening tests and to observe quarantine – Schengen Borders Code – Article 23 – Exercise of police powers in the field of public health – Equivalence with the exercise of border checks – Article 25 – Possibility of reintroducing border controls at internal borders in the context of the COVID-19 pandemic – Controls carried out in a Member State as part of measures prohibiting the crossing of borders for the purpose of engaging in non-essential travel from or to States in the Schengen area classified as high-risk zones in the context of the COVID-19 pandemic.#Case C-128/22.

European Union · Court of Justice of the European Union · 5 December 2023

Record· COCELEX 62023CO0017(01)_INFdecided

Order of the Court (Eighth Chamber) of 16 November 2023.#Asociación Liberum and Others v European Parliament and Council of the European Union.#Appeal – Public health – Regulation (EU) 2022/1034 – Regulation (EU) 2021/953 – EU digital COVID certificate – Free movement of persons – Restrictions – Action for annulment – No locus standi or interest in bringing proceedings – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded.#Case C-17/23 P.

European Union · Court of Justice of the European Union · 16 November 2023

Record· CJCELEX 62022CJ0458_INFdecided

Judgment of the Court (Third Chamber) of 16 November 2023.#Robert Roos and Others v European Parliament.#Appeal – Public health – Access to the buildings of the European Parliament – Obligation to present a valid EU digital COVID-19 certificate – Decision of the Bureau of the European Parliament – Rules of Procedure of the Parliament – Rule 25 – Concept of ‘power to determine its own internal organisation’ – Article 8(2) of the Charter of Fundamental Rights of the European Union – Protection of personal data – Concept of a measure ‘laid down by law’ – Regulation (EU) 2018/1725 – Articles 5 and 6 – Concept of ‘Union law’ – Inclusion of the internal rules of a Union institution or body.#Case C-458/22 P.

European Union · Court of Justice of the European Union · 16 November 2023

Record· COCELEX 62023CO0017(01)decided

Order of the Court (Eighth Chamber) of 16 November 2023.#Asociación Liberum and Others v European Parliament and Council of the European Union.#Appeal – Public health – Regulation (EU) 2022/1034 – Regulation (EU) 2021/953 – EU digital COVID certificate – Free movement of persons – Restrictions – Action for annulment – No locus standi or interest in bringing proceedings – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded.#Case C-17/23 P.

European Union · Court of Justice of the European Union · 16 November 2023

Report· CCCELEX 62022CC0654decided

Opinion of Advocate General Kokott delivered on 16 November 2023.#FOD Volksgezondheid, Veiligheid van de voedselketen & Leefmilieu v Triferto Belgium NV.#Request for a preliminary ruling from the rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent.#Reference for a preliminary ruling – Registration, evaluation, authorisation and restriction of chemicals – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 2(1)(b) – Scope – Article 3(10) and (11) – Concepts of ‘import’ and ‘importer’ – Article 6 – Obligation to register – Person assuming responsibility for registration – Regulation (EU) No 952/2013 – Union Customs Code – Customs warehousing.#Case C-654/22.

European Union · Court of Justice of the European Union · 16 November 2023

Record· CJCELEX 62022CJ0458decided

Judgment of the Court (Third Chamber) of 16 November 2023.#Robert Roos and Others v European Parliament.#Appeal – Public health – Access to the buildings of the European Parliament – Obligation to present a valid EU digital COVID-19 certificate – Decision of the Bureau of the European Parliament – Rules of Procedure of the Parliament – Rule 25 – Concept of ‘power to determine its own internal organisation’ – Article 8(2) of the Charter of Fundamental Rights of the European Union – Protection of personal data – Concept of a measure ‘laid down by law’ – Regulation (EU) 2018/1725 – Articles 5 and 6 – Concept of ‘Union law’ – Inclusion of the internal rules of a Union institution or body.#Case C-458/22 P.

European Union · Court of Justice of the European Union · 16 November 2023

Record· COCELEX 62023CO0043decided

Order of the Court (Eighth Chamber) of 5 October 2023.#DL v European Parliament and Council of the European Union.#Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Public health – Regulation (EU) 2022/1034 – Regulation (EU) 2021/953 – ‘EU Digital COVID Certificate’ – Free movement of persons – Right to healthcare and to life – Restrictions – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded.#Case C-43/23 P.

European Union · Court of Justice of the European Union · 5 October 2023

Record· COCELEX 62023CO0043_INFdecided

Order of the Court (Eighth Chamber) of 5 October 2023.#DL v European Parliament and Council of the European Union.#Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Public health – Regulation (EU) 2022/1034 – Regulation (EU) 2021/953 – ‘EU Digital COVID Certificate’ – Free movement of persons – Right to healthcare and to life – Restrictions – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded.#Case C-43/23 P.

European Union · Court of Justice of the European Union · 5 October 2023

Report· CCCELEX 62022CC0128decided

Opinion of Advocate General Emiliou delivered on 7 September 2023.#Nordic Info BV v Belgische Staat.#Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel.#Reference for a preliminary ruling – Directive 2004/38/EC – Articles 27 and 29 – Measures restricting the free movement of Union citizens on public health grounds – Measure of general application – National legislation providing for a ban on leaving the national territory in order to engage in non-essential travel to Member States classified as high-risk zones in the context of the COVID-19 pandemic and an obligation for every traveller entering the national territory from one of those Member States to undergo screening tests and to observe quarantine – Schengen Borders Code – Article 23 – Exercise of police powers in the field of public health – Equivalence with the exercise of border checks – Article 25 – Possibility of reintroducing border controls at internal borders in the context of the COVID-19 pandemic – Controls carried out in a Member State as part of measures prohibiting the crossing of borders for the purpose of engaging in non-essential travel from or to States in the Schengen area classified as high-risk zones in the context of the COVID-19 pandemic.#Case C-128/22.

European Union · Court of Justice of the European Union · 7 September 2023

Report· CCCELEX 62021CC0606decided

Opinion of Advocate General Szpunar delivered on 13 July 2023.#Doctipharma SAS v Union des Groupements de pharmaciens d’officine (UDGPO) and Pictime Coreyre.#Request for a preliminary ruling from the Cour d'appel de Paris.#Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 85c – Scope – Distance selling to the general public of medicinal products – Medicinal products for human use not subject to compulsory medical prescription – Persons authorised or entitled to engage in distance selling to the general public of medicinal products – Power of the Member States to impose conditions, justified by the protection of public health, on the retailing, on their territory, of medicinal products sold online – Information society services – Directive 98/34/EC – Directive (EU) 2015/1535 – Service connecting pharmacists and customers for the online sale of medicinal products.#Case C-606/21.

European Union · Court of Justice of the European Union · 13 July 2023

Record· CJCELEX 62021CJ0765decided

Judgment of the Court (Second Chamber) of 13 July 2023.#D. M. v Azienda Ospedale-Università di Padova.#Request for a preliminary ruling from the Tribunale ordinario di Padova.#Reference for a preliminary ruling – Public health – National legislation imposing a vaccination obligation on health professionals – Suspension from duty without pay for personnel refusing the vaccine – Regulation (EC) No 726/2004 – Medicinal products for human use – Vaccines against COVID-19 – Regulation (EC) No 507/2006 – Validity of conditional marketing authorisations – Regulation (EU) 2021/953 – Prohibition of discrimination between vaccinated and unvaccinated persons – Inadmissibility.#Case C-765/21.

European Union · Court of Justice of the European Union · 13 July 2023

Record· CJCELEX 62021CJ0823decided

Judgment of the Court (Fourth Chamber) of 22 June 2023.#European Commission v Hungary.#Failure of a Member State to fulfil obligations – Area of freedom, security and justice – Policies on border checks, asylum and immigration – Procedures for granting international protection – Directive 2013/32/EU – Article 6 – Effective access – The making of an application – National legislation laying down prior administrative steps to be carried out outside the territory of the Member State – Public health objective.#Case C-823/21.

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

Report· CCCELEX 62022CC0096decided

Opinion of Advocate General Pikamäe delivered on 8 June 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 · 8 June 2023

Record· CJCELEX 62021CJ0492_INFdecided

Judgment of the Court (Ninth Chamber) of 27 April 2023.#Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v European Commission.#Appeal – State aid – Healthcare services – Direct grants to public hospitals in the Lazio Region (Italy) – Decision finding that there is no State aid – Articles 106 and 107 TFEU – Concepts of ‘undertaking’ and ‘economic activity’.#Case C-492/21 P.

European Union · Court of Justice of the European Union · 27 April 2023

Record· CJCELEX 62021CJ0492decided

Judgment of the Court (Ninth Chamber) of 27 April 2023.#Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v European Commission.#Appeal – State aid – Healthcare services – Direct grants to public hospitals in the Lazio Region (Italy) – Decision finding that there is no State aid – Articles 106 and 107 TFEU – Concepts of ‘undertaking’ and ‘economic activity’.#Case C-492/21 P.

European Union · Court of Justice of the European Union · 27 April 2023

Record· CJCELEX 62021CJ0438decided

Judgment of the Court (Fourth Chamber) of 16 March 2023.#European Commission and Others v Pharmaceutical Works Polpharma S.A.#Appeal – Public health – Medicinal products for human use – Directive 2001/83/EC – Regulation (EC) No 726/2004 – Application for marketing authorisation for a generic version of the medicinal product Tecfidera – Decision of the European Medicines Agency (EMA) not to validate the application for marketing authorisation – Earlier European Commission decision taking the view that Tecfidera was not covered by the same global marketing authorisation as Fumaderm – Previously authorised combination medicinal product – Subsequent marketing authorisation for a component of the combination medicinal product – Assessment of the existence of a global marketing authorisation.#Joined Cases C-438/21 P to C-440/21 P.

European Union · Court of Justice of the European Union · 16 March 2023

Record· CJCELEX 62021CJ0438_SUMdecided

Judgment of the Court (Fourth Chamber) of 16 March 2023.#European Commission and Others v Pharmaceutical Works Polpharma S.A.#Appeal – Public health – Medicinal products for human use – Directive 2001/83/EC – Regulation (EC) No 726/2004 – Application for marketing authorisation for a generic version of the medicinal product Tecfidera – Decision of the European Medicines Agency (EMA) not to validate the application for marketing authorisation – Earlier European Commission decision taking the view that Tecfidera was not covered by the same global marketing authorisation as Fumaderm – Previously authorised combination medicinal product – Subsequent marketing authorisation for a component of the combination medicinal product – Assessment of the existence of a global marketing authorisation.#Joined Cases C-438/21 P to C-440/21 P.

European Union · Court of Justice of the European Union · 16 March 2023