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Rule of law

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51 records in EU in 2020

Records

Report· CCCELEX 62018CC0824decided

Opinion of Advocate General Tanchev delivered on 17 December 2020.#A.B. and Others v Krajowa Rada Sądownictwa and Others.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Article 2 and the second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection – Principle of judicial independence – Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) – Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary – Lack of independence of that council – Lack of effectiveness of the judicial remedy available against such a resolution – Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based – Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases – Article 267 TFEU – Option and/or obligation for national courts to make a reference for a preliminary ruling and to maintain that reference – Article 4(3) TEU – Principle of sincere cooperation ‐ Primacy of EU law – Power to disapply national provisions which do not comply with EU law.#Case C-824/18.

European Union · Court of Justice of the European Union · 17 December 2020

Report· CCCELEX 62019CC0896decided

Opinion of Advocate General Hogan delivered on 17 December 2020.#Repubblika v Il-Prim Ministru.#Request for a preliminary ruling from the Qorti Ċivili Prim’Awla - Ġurisdizzjoni Kostituzzjonali.#Reference for a preliminary ruling – Article 2 TEU – Values of the European Union – Rule of law – Article 49 TEU – Accession to the European Union – No reduction in the level of protection of the values of the European Union – Effective judicial protection – Article 19 TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Scope – Independence of the members of the judiciary of a Member State – Appointments procedure – Power of the Prime Minister – Involvement of a judicial appointments committee.#Case C-896/19.

European Union · Court of Justice of the European Union · 17 December 2020

Record· TJCELEX 62018TJ0635_RESdecided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#Industrial Química del Nalón, SA v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-635/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· TJCELEX 62018TJ0636_INFdecided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#Tokai erftcarbon GmbH v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-636/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· TJCELEX 62018TJ0645_INFdecided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#Bilbaína de Alquitranes, SA v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-645/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· TJCELEX 62018TJ0638_INFdecided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#Deza, a.s. v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-638/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· TJCELEX 62018TJ0637_INFdecided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#Bawtry Carbon International Ltd v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-637/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· TJCELEX 62018TJ0635decided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#Industrial Química del Nalón, SA v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-635/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· TJCELEX 62018TJ0636decided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#Tokai erftcarbon GmbH v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-636/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· TJCELEX 62018TJ0638decided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#Deza, a.s. v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-638/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· TJCELEX 62018TJ0639decided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#SGL Carbon SE v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-639/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· TJCELEX 62018TJ0645decided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#Bilbaína de Alquitranes, SA v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-645/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· TJCELEX 62018TJ0637decided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#Bawtry Carbon International Ltd v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-637/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· TJCELEX 62018TJ0639_INFdecided

Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020.#SGL Carbon SE v European Commission.#Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-639/18.

European Union · Court of Justice of the European Union · 16 December 2020

Record· CJCELEX 62019CJ0134_RESdecided

Judgment of the Court (Grand Chamber) of 6 October 2020.#Bank Refah Kargaran v Council of the European Union.#Appeal – Common foreign and security policy (CFSP) – Article 29 TEU – Article 215 TFEU – Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation – Harm allegedly suffered by the appellant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of financial funds and resources – Actions for damages – Jurisdiction of the CJEU to hear and determine an action for damages for the harm allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Inadequate statement of reasons for legal acts imposing restrictive measures.#Case C-134/19 P.

European Union · Court of Justice of the European Union · 6 October 2020

Record· CJCELEX 62019CJ0134decided

Judgment of the Court (Grand Chamber) of 6 October 2020.#Bank Refah Kargaran v Council of the European Union.#Appeal – Common foreign and security policy (CFSP) – Article 29 TEU – Article 215 TFEU – Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation – Harm allegedly suffered by the appellant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of financial funds and resources – Actions for damages – Jurisdiction of the CJEU to hear and determine an action for damages for the harm allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Inadequate statement of reasons for legal acts imposing restrictive measures.#Case C-134/19 P.

European Union · Court of Justice of the European Union · 6 October 2020

Question· QUESTION_WRITTENE-9-2020-005412answered

2020 Rule of Law Report

European Union · European Parliament · 2 October 2020

Record· TJCELEX 62019TJ0654_INFdecided

Judgment of the General Court (Sixth Chamber) of 23 September 2020.#FF v European Commission.#Non-contractual liability – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Use of a photograph in a library of warnings with pictures to be used for tobacco products – Directive 2014/109/EU – Sufficiently serious breach of a rule of law conferring rights on individuals.#Case T-654/19.

European Union · Court of Justice of the European Union · 23 September 2020

Record· TJCELEX 62019TJ0654decided

Judgment of the General Court (Sixth Chamber) of 23 September 2020.#FF v European Commission.#Non-contractual liability – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Use of a photograph in a library of warnings with pictures to be used for tobacco products – Directive 2014/109/EU – Sufficiently serious breach of a rule of law conferring rights on individuals.#Case T-654/19.

European Union · Court of Justice of the European Union · 23 September 2020

Report· CCCELEX 62019CC0083decided

Opinion of Advocate General Bobek delivered on 23 September 2020.#Asociaţia 'Forumul Judecătorilor din România' and Others v Inspecţia Judiciară and Others.#Requests for a preliminary ruling from theTribunalul Olt and Others.#Reference for a preliminary ruling – Treaty of Accession of the Republic of Bulgaria and Romania to the European Union – Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania – Articles 37 and 38 – Appropriate measures – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Decision 2006/928/EC – Legal nature and effects of the cooperation and verification mechanism and of the reports established by the Commission on the basis of that mechanism – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Laws and government emergency ordinances adopted in Romania in the course of 2018 and 2019 concerning the organisation of the judicial system and the liability of judges – Interim appointment to management positions of the Judicial Inspectorate – Establishment of a section within the Public Prosecutor’s Office for the investigation of offences committed within the judicial system – Financial liability of the State and personal liability of judges in the event of judicial error.#Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19.

European Union · Court of Justice of the European Union · 23 September 2020

Record· TJCELEX 62015TJ0381(01)_RESdecided

Judgment of the General Court (Seventh Chamber) of 9 September 2020.#International Management Group (IMG) v European Commission.#Non-contractual liability – Development cooperation – Implementation of the EU budget under indirect management – Decision suspending the applicant’s ability to conclude new delegation agreements for indirect management with the Commission – Unlawfulness – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Application for injunctive relief – Late submission of application – Modification of the nature of the reparation sought – Inadmissibility.#Case T-381/15 RENV.

European Union · Court of Justice of the European Union · 9 September 2020

Record· TJCELEX 62015TJ0381(01)decided

Judgment of the General Court (Seventh Chamber) of 9 September 2020.#International Management Group (IMG) v European Commission.#Non-contractual liability – Development cooperation – Implementation of the EU budget under indirect management – Decision suspending the applicant’s ability to conclude new delegation agreements for indirect management with the Commission – Unlawfulness – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Application for injunctive relief – Late submission of application – Modification of the nature of the reparation sought – Inadmissibility.#Case T-381/15 RENV.

European Union · Court of Justice of the European Union · 9 September 2020

Record· TOCELEX 62018TO0755_INFdecided

Order of the General Court (Ninth Chamber, Extended Composition) of 20 August 2020.#FL Brüterei M-V GmbH and Others v European Commission.#Action for annulment and for damages – Organic farming – Livestock production – Exceptional production rules applicable in case of non-availability of organic farm inputs – Use of non-organic animals – Extension of the period of application of the exceptional production rules – Lack of direct concern – No sufficiently serious breach of a rule of law conferring rights on individuals – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law.#Case T-755/18.

European Union · Court of Justice of the European Union · 20 August 2020

Record· TOCELEX 62018TO0755decided

Order of the General Court (Ninth Chamber, Extended Composition) of 20 August 2020.#FL Brüterei M-V GmbH and Others v European Commission.#Action for annulment and for damages – Organic farming – Livestock production – Exceptional production rules applicable in case of non-availability of organic farm inputs – Use of non-organic animals – Extension of the period of application of the exceptional production rules – Lack of direct concern – No sufficiently serious breach of a rule of law conferring rights on individuals – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law.#Case T-755/18.

European Union · Court of Justice of the European Union · 20 August 2020

Record· TOCELEX 62019TO0803decided

Order of the General Court (Sixth Chamber) of 16 June 2020.#etc-gaming GmbH and Casino-Equipment Vermietungs GmbH v European Commission.#Action for damages – Failure by the European Union to introduce an effective remedy offering suitable redress for a failure on the part of the national courts to submit a request for a preliminary ruling to the Court of Justice – Sufficiently serious breach of a rule of law conferring rights on individuals – Action manifestly lacking any foundation in law.#Case T-803/19.

European Union · Court of Justice of the European Union · 16 June 2020

Record· TOCELEX 62019TO0803_INFdecided

Order of the General Court (Sixth Chamber) of 16 June 2020.#etc-gaming GmbH and Casino-Equipment Vermietungs GmbH v European Commission.#Action for damages – Failure by the European Union to introduce an effective remedy offering suitable redress for a failure on the part of the national courts to submit a request for a preliminary ruling to the Court of Justice – Sufficiently serious breach of a rule of law conferring rights on individuals – Action manifestly lacking any foundation in law.#Case T-803/19.

European Union · Court of Justice of the European Union · 16 June 2020

Report· CCCELEX 62019CC0134decided

Opinion of Advocate General Hogan delivered on 28 May 2020.#Bank Refah Kargaran v Council of the European Union.#Appeal – Common foreign and security policy (CFSP) – Article 29 TEU – Article 215 TFEU – Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation – Harm allegedly suffered by the appellant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of financial funds and resources – Actions for damages – Jurisdiction of the CJEU to hear and determine an action for damages for the harm allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Inadequate statement of reasons for legal acts imposing restrictive measures.#Case C-134/19 P.

European Union · Court of Justice of the European Union · 28 May 2020

Record· TJCELEX 62018TJ0707decided

Judgment of the General Court (Eighth Chamber) of 29 April 2020.#Tilly-Sabco v Council of the European Union and European Commission.#Agriculture – Export refunds – Poultrymeat – Regulation (EU) 2018/1277 adopted following the annulment of Implementing Regulation (EU) No 689/2013 by a judgment of the Court of Justice – Competence of the author of the act – Abuse of process – Obligation to state reasons – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals – Damage.#Case T-707/18.

European Union · Court of Justice of the European Union · 29 April 2020

Record· TJCELEX 62018TJ0707_INFdecided

Judgment of the General Court (Eighth Chamber) of 29 April 2020.#Tilly-Sabco v Council of the European Union and European Commission.#Agriculture – Export refunds – Poultrymeat – Regulation (EU) 2018/1277 adopted following the annulment of Implementing Regulation (EU) No 689/2013 by a judgment of the Court of Justice – Competence of the author of the act – Abuse of process – Obligation to state reasons – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals – Damage.#Case T-707/18.

European Union · Court of Justice of the European Union · 29 April 2020

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