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Rule of law

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51 records in EU in 2023

Records

Record· TJCELEX 62021TJ0415_RESdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 20 December 2023.#Banca Popolare di Bari SpA v European Commission.#Non-contractual liability – State aid – Aid granted by the Italian authorities to Banca Tercas – Decision declaring the aid incompatible with the internal market – Limitation period – Continuous damage – Partial inadmissibility – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link.#Case T-415/21.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TJCELEX 62021TJ0415decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 20 December 2023.#Banca Popolare di Bari SpA v European Commission.#Non-contractual liability – State aid – Aid granted by the Italian authorities to Banca Tercas – Decision declaring the aid incompatible with the internal market – Limitation period – Continuous damage – Partial inadmissibility – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link.#Case T-415/21.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TOCELEX 62023TO0326decided

Order of the General Court (Fourth Chamber) of 23 November 2023.#Aldo D’Agostino v European Central Bank.#Actions for damages – Economic and monetary policy – Statement by the President of the ECB during a press conference – Division of powers between the bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law.#Case T-326/23.

European Union · Court of Justice of the European Union · 23 November 2023

Record· TOCELEX 62023TO0326_INFdecided

Order of the General Court (Fourth Chamber) of 23 November 2023.#Aldo D’Agostino v European Central Bank.#Actions for damages – Economic and monetary policy – Statement by the President of the ECB during a press conference – Division of powers between the bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law.#Case T-326/23.

European Union · Court of Justice of the European Union · 23 November 2023

Report· CCCELEX 62022CC0634decided

Opinion of Advocate General Campos Sánchez-Bordona delivered on 23 November 2023.#Criminal proceedings against OT and Others.#Request for a preliminary ruling from the Sofiyski gradski sad.#Reference for a preliminary ruling – Values and objectives of the European Union – Article 2 TEU – Rule of law – Second subparagraph of Article 19(1) TEU – Independent and impartial court – Reorganisation of jurisdiction of courts in a Member State – Abolition of a specialised criminal court – Inadmissibility of the request for a preliminary ruling.#Case C-634/22.

European Union · Court of Justice of the European Union · 23 November 2023

Report· CCCELEX 62022CC0029decided

Opinion of Advocate General Ćapeta delivered on 23 November 2023.#KS and Others v Council of the European Union and Others.#Appeal – Common foreign and security policy (CFSP) – Joint Action 2008/124/CFSP – European Union Rule of Law Mission in Kosovo (Eulex Kosovo) – Action for damages – Damage allegedly suffered as a result of various acts and omissions by the Council of the European Union, the European Commission and the European External Action Service (EEAS) in the implementation of that joint action – Insufficient investigation of the torture, disappearance and killing of persons – Jurisdiction of the Court of Justice of the European Union to rule on that action – Last sentence of the second subparagraph of Article 24(1) TEU – Article 275 TFEU.#Joined Cases C-29/22 P and C-44/22 P.

European Union · Court of Justice of the European Union · 23 November 2023

Report· CCCELEX 62021CC0582decided

Opinion of Advocate General Emiliou delivered on 14 September 2023.#FY v Profi Credit Polska S.A. w Bielsku Białej.#Request for a preliminary ruling from the Sąd Okręgowy Warszawa-Praga w Warszawie.#Reference for a preliminary ruling – Principles of EU law – Article 4(3) TEU – Principle of sincere cooperation – Procedural autonomy – Principles of equivalence and effectiveness – Principle of interpreting national law in conformity with EU law – National legislation providing for an extraordinary remedy allowing the reopening of civil proceedings closed by a final judgment – Grounds – Subsequent decision of a constitutional court declaring that a provision of national law on the basis of which that judgment was given is incompatible with the Constitution – Loss of the opportunity to take action on account of a breach of the law – Broad application of that remedy – Alleged infringement of EU law resulting from a subsequent judgment of the Court of Justice ruling under Article 267 TFEU on the interpretation of EU law – Directive 93/13/EEC – Unfair terms in consumer contracts – Default judgment – Failure of the court hearing the case to ascertain of its own motion whether contractual terms are unfair.#Case C-582/21.

European Union · Court of Justice of the European Union · 14 September 2023

Record· CJCELEX 62022CJ0124_INFdecided

Judgment of the Court (Tenth Chamber) of 14 September 2023.#Zoi Apostolopoulou and Anastasia Apostolopoulou-Chrysanthaki v European Commission.#Appeal – Non-contractual liability of the European Union – Grant agreements concluded in the context of various European programmes – Judgments of the General Court finding a breach of contractual terms by the beneficiary company – Partnership governed by Greek law – Company placed under liquidation – Proceedings before the national courts brought against the partners in the beneficiary company, seeking enforcement of the judgments of the General Court ordering recovery of the grants – Allegedly false assertions made by the European Commission in the national proceedings – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Rule of EU law.#Case C-124/22 P.

European Union · Court of Justice of the European Union · 14 September 2023

Record· CJCELEX 62021CJ0216decided

Judgment of the Court (First Chamber) of 7 September 2023.#Asociaţia “Forumul Judecătorilor din România” and YN v Consiliul Superior al Magistraturii.#Request for a preliminary ruling from the Curtea de Apel Ploieşti.#Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Article 2 TEU – Second subparagraph of Article 19(1) TEU – Rule of law – Charter of Fundamental Rights of the European Union – Article 47 – Independence of judges – National legislation altering the scheme for the promotion of judges.#Case C-216/21.

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

Record· TOCELEX 62022TO0424_INFdecided

Order of the General Court (Fourth Chamber) of 25 July 2023.#Vincenzo D'Agostino and Dafin Srl v European Central Bank.#Action for damages – Economic and monetary policy – Statement by the President of the ECB at a press conference – Division of powers between the decision-making bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law.#Case T-424/22.

European Union · Court of Justice of the European Union · 25 July 2023

Record· TOCELEX 62023TO0090_INFdecided

Order of the General Court (Fourth Chamber) of 25 July 2023.#Aldo D’Agostino v European Central Bank.#Action for damages – Economic and monetary policy – Statement by the President of the ECB at a press conference – Division of powers between the decision-making bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law.#Case T-90/23.

European Union · Court of Justice of the European Union · 25 July 2023

Record· TOCELEX 62023TO0131_INFdecided

Order of the General Court (Fourth Chamber) of 25 July 2023.#Anna Nardi v European Central Bank.#Action for damages – Economic and monetary policy – Statement by the President of the ECB at a press conference – Division of powers between the decision-making bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law.#Case T-131/23.

European Union · Court of Justice of the European Union · 25 July 2023

Record· TOCELEX 62023TO0090decided

Order of the General Court (Fourth Chamber) of 25 July 2023.#Aldo D’Agostino v European Central Bank.#Action for damages – Economic and monetary policy – Statement by the President of the ECB at a press conference – Division of powers between the decision-making bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law.#Case T-90/23.

European Union · Court of Justice of the European Union · 25 July 2023

Record· TOCELEX 62023TO0131decided

Order of the General Court (Fourth Chamber) of 25 July 2023.#Anna Nardi v European Central Bank.#Action for damages – Economic and monetary policy – Statement by the President of the ECB at a press conference – Division of powers between the decision-making bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law.#Case T-131/23.

European Union · Court of Justice of the European Union · 25 July 2023

Record· TOCELEX 62022TO0424decided

Order of the General Court (Fourth Chamber) of 25 July 2023.#Vincenzo D'Agostino and Dafin Srl v European Central Bank.#Action for damages – Economic and monetary policy – Statement by the President of the ECB at a press conference – Division of powers between the decision-making bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law.#Case T-424/22.

European Union · Court of Justice of the European Union · 25 July 2023

Record· CJCELEX 62020CJ0615_RESdecided

Judgment of the Court (Grand Chamber) of 13 July 2023.#Criminal proceedings against YP and Others.#References for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Rule of law – Effective legal protection in the fields covered by Union law – Independence of judges – Primacy of EU law – Article 4(3) TEU – Duty of sincere cooperation – Lifting of a judge’s immunity from prosecution and his or her suspension from duties ordered by the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Lack of independence and impartiality on the part of that chamber – Alteration of the composition of the court formation called on to adjudicate on a case which up to that time had been entrusted to that judge – Prohibitions on national courts calling into question the legitimacy of a court, on undermining its functioning or on assessing the legality or effectiveness of the appointment of judges or of their judicial powers, subject to disciplinary penalties – Obligation on the courts concerned and the bodies which have power to designate and modify the composition of court formations to disapply the measures lifting immunity and suspending the judge concerned – Obligation on the same courts and bodies to disapply the national provisions providing for those prohibitions.#Joined Cases C-615/20 and C-671/20.

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

Record· CJCELEX 62020CJ0615decided

Judgment of the Court (Grand Chamber) of 13 July 2023.#Criminal proceedings against YP and Others.#Requests for a preliminary ruling from the Sąd Okręgowy w Warszawie.#References for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Rule of law – Effective legal protection in the fields covered by Union law – Independence of judges – Primacy of EU law – Article 4(3) TEU – Duty of sincere cooperation – Lifting of a judge’s immunity from prosecution and his or her suspension from duties ordered by the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Lack of independence and impartiality on the part of that chamber – Alteration of the composition of the court formation called on to adjudicate on a case which up to that time had been entrusted to that judge – Prohibitions on national courts calling into question the legitimacy of a court, on undermining its functioning or on assessing the legality or effectiveness of the appointment of judges or of their judicial powers, subject to disciplinary penalties – Obligation on the courts concerned and the bodies which have power to designate and modify the composition of court formations to disapply the measures lifting immunity and suspending the judge concerned – Obligation on the same courts and bodies to disapply the national provisions providing for those prohibitions.#Joined Cases C-615/20 and C-671/20.

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

Report· CCCELEX 62022CC0122decided

Opinion of Advocate General Ćapeta delivered on 6 July 2023.#Dyson Ltd and Others v European Commission.#Appeal – Energy – Directive 2010/30/EU – Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products – Delegated regulation of the European Commission supplementing that directive – Energy labelling of vacuum cleaners – Annulment – Actions for damages – Non-contractual liability of the European Union – Requirement of a sufficiently serious breach of a rule of law intended to confer rights on individuals – Manifest and grave disregard for the limits of discretion – Relevant factors in the case of the absence of any discretion.#Case C-122/22 P.

European Union · Court of Justice of the European Union · 6 July 2023

Record· TJCELEX 62020TJ0752_RESdecided

Judgment of the General Court (Seventh Chamber) of 28 June 2023 (Extracts).#International Management Group (IMG) v European Commission.#Non-contractual liability – OLAF investigations – Press leaks – Material and non-material damage – Causal link – Imputability of the leaks – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Confidentiality of legal advice.#Case T-752/20.

European Union · Court of Justice of the European Union · 28 June 2023

Record· TJCELEX 62020TJ0752decided

Judgment of the General Court (Seventh Chamber) of 28 June 2023 (Extracts).#International Management Group (IMG) v European Commission.#Non-contractual liability – OLAF investigations – Press leaks – Material and non-material damage – Causal link – Imputability of the leaks – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Confidentiality of legal advice.#Case T-752/20.

European Union · Court of Justice of the European Union · 28 June 2023

Report· CCCELEX 62021CC0588decided

Opinion of Advocate General Medina delivered on 22 June 2023.#Public.Resource.Org, Inc. and Right to Know CLG v European Commission.#Appeal – Access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – Article 4(2) – Exceptions – Refusal to grant access to a document whose disclosure would undermine the protection of commercial interests of a natural or legal person, including intellectual property – Overriding public interest in disclosure – Harmonised standards adopted by the European Committee for Standardisation (CEN) – Protection deriving from copyright – Principle of the rule of law – Principle of transparency – Principle of openness – Principle of good governance.#Case C-588/21 P.

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

Record· CJCELEX 62021CJ0204_RESdecided

Judgment of the Court (Grand Chamber) of 5 June 2023.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation to the lifting of the immunity from criminal prosecution of judges and in the field of employment law, social security and retirement of judges of the Sąd Najwyższy (Supreme Court, Poland) conferred on the Disciplinary Chamber of that court – National courts prohibited from calling into question the legitimacy of the constitutional courts and bodies or from establishing or assessing the lawfulness of the appointment of judges or their judicial powers – Verification by a judge of compliance with certain requirements relating to the existence of an independent and impartial tribunal previously established by law classified as a ‘disciplinary offence’ – Exclusive jurisdiction to examine questions relating to the lack of independence of a court or judge conferred on the Extraordinary Review and Public Affairs Chamber of the Sąd Najwyższy (Supreme Court) – Articles 7 and 8 of the Charter of Fundamental Rights – Rights to privacy and the protection of personal data – Regulation (EU) 2016/679 – Article 6(1), first subparagraph, points (c) and (e), and Article 6(3), second subparagraph – Article 9(1) – Sensitive data – National legislation requiring judges to make a declaration as to whether they belong to associations, foundations or political parties, and to the positions held within those associations, foundations or political parties, and providing for the placing online of the data contained in those declarations.#Case C-204/21.

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

Record· TOCELEX 62023TO0115_INFdecided

Order of the President of the General Court of 1 June 2023.#Debreceni Egyetem v Council of the European Union.#Interim relief – Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary – Prohibition for the Commission to enter into legal commitments with any public interest trust or any entity maintained by such a public interest trust – Article 2(2) of Implementing Decision (EU) 2022/2506 – Application for suspension of operation of a measure – No urgency.#Case T-115/23 R.

European Union · Court of Justice of the European Union · 1 June 2023

Record· TOCELEX 62023TO0115decided

Order of the President of the General Court of 1 June 2023.#Debreceni Egyetem v Council of the European Union.#Interim relief – Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary – Prohibition for the Commission to enter into legal commitments with any public interest trust or any entity maintained by such a public interest trust – Article 2(2) of Implementing Decision (EU) 2022/2506 – Application for suspension of operation of a measure – No urgency.#Case T-115/23 R.

European Union · Court of Justice of the European Union · 1 June 2023

Record· CJCELEX 62021CJ0817decided

Judgment of the Court (First Chamber) of 11 May 2023.#R.I. v Inspecţia Judiciară and N.L.#Request for a preliminary ruling from the Curtea de Apel Bucureşti.#Reference for a preliminary ruling – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Decision 2006/928/EC – Independence of the judiciary – Disciplinary proceedings – Judicial Inspectorate – Chief Inspector with powers of regulation, selection, assessment, appointment and disciplinary investigation.#Case C-817/21.

European Union · Court of Justice of the European Union · 11 May 2023

Resolution· RSP2023/2628(RSP)rdg1

Rule of Law in Greece

European Union · European Parliament · 30 March 2023

Resolution· RSP2023/2627(RSP)rdg1

Rule of law in Malta

European Union · European Parliament · 30 March 2023

Record· TJCELEX 62020TJ0094_INFdecided

Judgment of the General Court (Fourth Chamber) of 8 March 2023.#Campine and Campine Recycling v European Commission.#Non-contractual liability – Competition – Agreements, decisions and concerted practices – Market for car battery recycling – Decision finding an infringement of Article 101 TFEU – Judgment partially annulling the decision and reducing the amount of the fine imposed – Refusal of the Commission to pay default interest – Article 266 TFEU – Article 90(4) of Delegated Regulation (EU) No 1268/2012 – Sufficiently serious breach of a rule of law conferring rights on individuals – Rate of default interest.#Case T-94/20.

European Union · Court of Justice of the European Union · 8 March 2023

Record· TJCELEX 62020TJ0094decided

Judgment of the General Court (Fourth Chamber) of 8 March 2023.#Campine and Campine Recycling v European Commission.#Non-contractual liability – Competition – Agreements, decisions and concerted practices – Market for car battery recycling – Decision finding an infringement of Article 101 TFEU – Judgment partially annulling the decision and reducing the amount of the fine imposed – Refusal of the Commission to pay default interest – Article 266 TFEU – Article 90(4) of Delegated Regulation (EU) No 1268/2012 – Sufficiently serious breach of a rule of law conferring rights on individuals – Rate of default interest.#Case T-94/20.

European Union · Court of Justice of the European Union · 8 March 2023

Report· CCCELEX 62021CC0216decided

Opinion of Advocate General Emiliou delivered on 16 February 2023.#Asociaţia “Forumul Judecătorilor din România” and YN v Consiliul Superior al Magistraturii.#Request for a preliminary ruling from the Curtea de Apel Ploieşti.#Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Article 2 TEU – Second subparagraph of Article 19(1) TEU – Rule of law – Charter of Fundamental Rights of the European Union – Article 47 – Independence of judges – National legislation altering the scheme for the promotion of judges.#Case C-216/21.

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

Record· TJCELEX 62021TJ0175decided

Judgment of the General Court (Tenth Chamber) of 15 February 2023.#RH v European Commission.#Instrument for Pre-Accession Assistance – Financial Regulation – Investigation by OLAF – Commission decision imposing an administrative penalty – Exclusion from procurement and grant award procedures funded by the general budget of the European Union and by the EDF – Entry on the database of the early detection and exclusion system – Grave professional misconduct – Manifest error of assessment – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals.#Case T-175/21.

European Union · Court of Justice of the European Union · 15 February 2023

Record· TJCELEX 62021TJ0175_INFdecided

Judgment of the General Court (Tenth Chamber) of 15 February 2023.#RH v European Commission.#Instrument for Pre-Accession Assistance – Financial Regulation – Investigation by OLAF – Commission decision imposing an administrative penalty – Exclusion from procurement and grant award procedures funded by the general budget of the European Union and by the EDF – Entry on the database of the early detection and exclusion system – Grave professional misconduct – Manifest error of assessment – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals.#Case T-175/21.

European Union · Court of Justice of the European Union · 15 February 2023

Record· TOCELEX 62021TO0778_INFdecided

Order of the General Court (Tenth Chamber) of 9 February 2023.#Rommert Folkertsma v European Commission.#Action for damages – Contract for technical assistance for support to Bangsamoro transition (Subatra) – Commission’s request to have the applicant replaced as expert – Termination of the contract between the successful tenderer and the applicant – Non-contractual liability – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law.#Case T-778/21.

European Union · Court of Justice of the European Union · 9 February 2023

Record· TOCELEX 62021TO0778decided

Order of the General Court (Tenth Chamber) of 9 February 2023.#Rommert Folkertsma v European Commission.#Action for damages – Contract for technical assistance for support to Bangsamoro transition (Subatra) – Commission’s request to have the applicant replaced as expert – Termination of the contract between the successful tenderer and the applicant – Non-contractual liability – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law.#Case T-778/21.

European Union · Court of Justice of the European Union · 9 February 2023

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