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Rule of law

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51 records in EU in 2024

Records

Record· COCELEX 62024CO0149decided

Order of the Court (Eighth Chamber) of 12 December 2024.#United Media Services SRL v Consiliul Concurenţei.#Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Article 4(3) TEU – Procedural autonomy – Principles of equivalence and effectiveness – Legal certainty – Right to an effective remedy – Final decision of a national court that is incompatible with a subsequent decision of the Court – Decision of a Constitutional Court finding that a provision of national law on the basis of which a judgment was delivered is incompatible with the Constitution of the Member State concerned – Request for revision – Different limitation periods.#Case C-149/24.

European Union · Court of Justice of the European Union · 12 December 2024

Record· COCELEX 62024CO0149_INFdecided

Order of the Court (Eighth Chamber) of 12 December 2024.#United Media Services SRL v Consiliul Concurenţei.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Article 4(3) TEU – Procedural autonomy – Principles of equivalence and effectiveness – Legal certainty – Right to an effective remedy – Final decision of a national court that is incompatible with a subsequent decision of the Court – Decision of a Constitutional Court finding that a provision of national law on the basis of which a judgment was delivered is incompatible with the Constitution of the Member State concerned – Request for revision – Different limitation periods.#Case C-149/24.

European Union · Court of Justice of the European Union · 12 December 2024

Record· CJCELEX 62022CJ0727_RESdecided

Judgment of the Court (Second Chamber) of 4 October 2024.#Friends of the Irish Environment CLG v Government of Ireland and Others.#Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes … which are required by legislative, regulatory or administrative provisions’ – Measure adopted by the government of a Member State solely on the basis of a provision of the Constitution of that Member State providing that the executive power of the State is to be exercised by or on the authority of that government.#Case C-727/22.

European Union · Court of Justice of the European Union · 4 October 2024

Report· CCCELEX 62023CC0313decided

Opinion of Advocate General Pikamäe delivered on 4 October 2024.#Inspektorat kam Visshia sadeben savet.#Requests for a preliminary ruling from the Sofiyski rayonen sad.#References for a preliminary ruling – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by Union law – Judicial body competent to propose the initiation of disciplinary proceedings against judges, public prosecutors and investigating magistrates, with a view to the imposition of disciplinary penalties – Members of the judicial body remaining in office after the expiry of their term of office – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Data security – Access by a judicial body to data relating to the bank accounts of judges and public prosecutors and of their family members – Judicial authorisation for the purpose of lifting banking secrecy – Court authorising the lifting of banking secrecy – Article 4(7) – Concept of ‘controller’ – Article 51 – Concept of ‘supervisory authority’.#Joined Cases C-313/23, C-316/23 and C-332/23.

European Union · Court of Justice of the European Union · 4 October 2024

Record· CJCELEX 62022CJ0727decided

Judgment of the Court (Second Chamber) of 4 October 2024.#Friends of the Irish Environment CLG v Government of Ireland and Others.#Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes … which are required by legislative, regulatory or administrative provisions’ – Measure adopted by the government of a Member State solely on the basis of a provision of the Constitution of that Member State providing that the executive power of the State is to be exercised by or on the authority of that government.#Case C-727/22.

European Union · Court of Justice of the European Union · 4 October 2024

Record· TJCELEX 62022TJ0797_RESdecided

Judgment of the General Court (Grand Chamber) of 2 October 2024.#Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Prohibition on the provision of legal advisory services to the Russian Government and entities established in Russia – Fundamental role of lawyers in a democratic society – Right of lawyers to provide legal advisory services – Right to be advised by a lawyer – Articles 7 and 47 and Article 52(2) of the Charter of Fundamental Rights – Independence of lawyers – Rule of law – Proportionality – Legal certainty.#Case T-797/22.

European Union · Court of Justice of the European Union · 2 October 2024

Record· TJCELEX 62022TJ0797decided

Judgment of the General Court (Grand Chamber) of 2 October 2024.#Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Prohibition on the provision of legal advisory services to the Russian Government and entities established in Russia – Fundamental role of lawyers in a democratic society – Right of lawyers to provide legal advisory services – Right to be advised by a lawyer – Articles 7 and 47 and Article 52(2) of the Charter of Fundamental Rights – Independence of lawyers – Rule of law – Proportionality – Legal certainty.#Case T-797/22.

European Union · Court of Justice of the European Union · 2 October 2024

Record· CJCELEX 62023CJ0368decided

Judgment of the Court (First Chamber) of 26 September 2024.#Haut Conseil du commissariat aux comptes v MO.#Request for a preliminary ruling from the formation restreinte du Haut Conseil du commissariat aux comptes.#Reference for a preliminary ruling – Article 267 TFEU – Definition of ‘court or tribunal’ – Criteria relating to the constitution and function of that body – Exercise of judicial or administrative functions – Public authority not subject to regulation and/or oversight of statutory auditors – Internal organisational arrangements – Power to initiate infringement proceedings – Power to impose penalties – Decision against which an action for annulment may be brought – No status as ‘third party’ in relation to the authority having adopted the decision under judicial review – Inadmissibility.#Case C-368/23.

European Union · Court of Justice of the European Union · 26 September 2024

Record· CJCELEX 62022CJ0029decided

Judgment of the Court (Grand Chamber) of 10 September 2024.#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 · 10 September 2024

Record· CJCELEX 62022CJ0029_RESdecided

Judgment of the Court (Grand Chamber) of 10 September 2024.##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 · 10 September 2024

Record· TJCELEX 62015TJ0381(02)decided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 4 September 2024.#International Management Group (IMG) v European Commission.#Non-contractual liability – EU Financial Regulations – Implementation of the EU budget under indirect management by an international organisation – Decision refusing to recognise a legal person as an international organisation – Sufficiently serious breach of a rule of law conferring rights on individuals – Duty of diligence – Material damage – Loss of opportunity to conclude indirect management agreements with the Commission as an international organisation and to receive the corresponding administrative costs – Causal link – Requirement of a direct and certain causal link – Unlawful act found has no bearing on the status of international organisation necessary for compensation – Occurrence of an event subsequent to the unlawful act which may be taken into account by the EU Courts – Retroactive decision finding that the status of international organisation necessary for compensation had not been achieved during the period in question.#Case T-381/15 RENV II.

European Union · Court of Justice of the European Union · 4 September 2024

Record· TJCELEX 62015TJ0381(02)_RESdecided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 4 September 2024.#International Management Group (IMG) v European Commission.#Non-contractual liability – EU financial legislation – Implementation of the EU budget under indirect management by an international organisation – Decision refusing to recognise a legal person as an international organisation – Sufficiently serious breach of a rule of law conferring rights on individuals – Duty of diligence – Material damage – Loss of opportunity to conclude indirect management agreements with the Commission as an international organisation and to receive the corresponding administrative costs – Causal link – Requirement of a direct and certain causal link – Unlawful act found has no bearing on the status of international organisation necessary for compensation – Occurrence of an event subsequent to the unlawful act which may be taken into account by the EU Courts – Retroactive decision finding that the status of international organisation necessary for compensation had not been achieved during the period in question.#Case T-381/15 RENV II.

European Union · Court of Justice of the European Union · 4 September 2024

Question· QUESTION_WRITTENE-10-2024-001595answered

Rule of law in Hungary

European Union · European Parliament · 2 September 2024

Report· CCCELEX 62023CC0368decided

Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 June 2024.#Haut Conseil du commissariat aux comptes v MO.#Request for a preliminary ruling from the formation restreinte du Haut Conseil du commissariat aux comptes.#Reference for a preliminary ruling – Article 267 TFEU – Definition of ‘court or tribunal’ – Criteria relating to the constitution and function of that body – Exercise of judicial or administrative functions – Public authority not subject to regulation and/or oversight of statutory auditors – Internal organisational arrangements – Power to initiate infringement proceedings – Power to impose penalties – Decision against which an action for annulment may be brought – No status as ‘third party’ in relation to the authority having adopted the decision under judicial review – Inadmissibility.#Case C-368/23.

European Union · Court of Justice of the European Union · 13 June 2024

Record· TJCELEX 62021TJ0134_RESdecided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 5 June 2024.#Malacalza Investimenti Srl and Vittorio Malacalza v European Central Bank.#Non-contractual liability – Economic and monetary policy – Prudential supervision of credit institutions – Decisions taken by the European Central Bank (ECB) concerning Banca Carige – Articles 4 and 16 of Regulation (EU) No 1024/2013 – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Legitimate expectations – Conflict of interests – Proportionality – Equal treatment – Right to property – Plea of illegality.#Case T-134/21.

European Union · Court of Justice of the European Union · 5 June 2024

Record· TJCELEX 62021TJ0134decided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 5 June 2024.#Malacalza Investimenti Srl and Vittorio Malacalza v European Central Bank.#Non-contractual liability – Economic and monetary policy – Prudential supervision of credit institutions – Decisions taken by the European Central Bank (ECB) concerning Banca Carige – Articles 4 and 16 of Regulation (EU) No 1024/2013 – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Legitimate expectations – Conflict of interests – Proportionality – Equal treatment – Right to property – Plea of illegality.#Case T-134/21.

European Union · Court of Justice of the European Union · 5 June 2024

Record· COCELEX 62021CO0797_INFdecided

Order of the Court (Tenth Chamber) of 27 May 2024.#Y.Ya. v K.P.#Reference for a preliminary ruling – Article 267 TFEU – Article 53(2) of the Rules of Procedure of the Court of Justice – Second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection in the fields covered by EU law – Principle of judicial independence – Instruction given by a higher court to a court of first instance to rule on the costs – National provisions relating to the detailed rules for the secondment of judges to a higher court – Interpretation sought by the court of first instance – Necessity of the interpretation sought to enable the referring court to give judgment – None – Manifest inadmissibility.#Case C-797/21.

European Union · Court of Justice of the European Union · 27 May 2024

Record· COCELEX 62021CO0797decided

Order of the Court (Tenth Chamber) of 27 May 2024.#Y.Ya. v K.P.#Request for a preliminary ruling from the Sofiyski rayonen sad.#Reference for a preliminary ruling – Article 267 TFEU – Article 53(2) of the Rules of Procedure of the Court of Justice – Second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection in the fields covered by EU law – Principle of judicial independence – Instruction given by a higher court to a court of first instance to rule on the costs – National provisions relating to the detailed rules for the secondment of judges to a higher court – Interpretation sought by the court of first instance – Necessity of the interpretation sought to enable the referring court to give judgment – None – Manifest inadmissibility.#Case C-797/21.

European Union · Court of Justice of the European Union · 27 May 2024

Record· CJCELEX 62023CJ0053_RESdecided

Judgment of the Court (First Chamber) of 8 May 2024.#Asociaţia “Forumul Judecătorilor din România” and Asociaţia “Mişcarea pentru Apărarea Statutului Procurorilor” v Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – Procurorul General al României.#Reference for a preliminary ruling – Rule of law – Judicial independence – Article 19(1) TEU – Cooperation and Verification Mechanism – Benchmarks subscribed to by Romania – Fight against corruption – Investigations of offences committed within the Judiciary – Action challenging the nomination of prosecutors with competence to conduct those investigations – Standing of professional associations of judges to bring proceedings.#Case C-53/23.

European Union · Court of Justice of the European Union · 8 May 2024

Record· CJCELEX 62023CJ0053decided

Judgment of the Court (First Chamber) of 8 May 2024.#Asociaţia 'Forumul Judecătorilor din România' and Asociaţia 'Mişcarea pentru Apărarea Statutului Procurorilor' v Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – Procurorul General al României.#Request for a preliminary ruling from the Curtea de Apel Piteşti.#Reference for a preliminary ruling – Rule of law – Judicial independence – Article 19(1) TEU – Cooperation and Verification Mechanism – Benchmarks subscribed to by Romania – Fight against corruption – Investigations of offences committed within the judicial system – Action challenging the nomination of prosecutors with competence to conduct those investigations – Standing of professional associations of judges to bring proceedings.#Case C-53/23.

European Union · Court of Justice of the European Union · 8 May 2024

Record· CJCELEX 62022CJ0634_SUMdecided

Judgment of the Court (Fourth Chamber) of 18 April 2024.#Criminal proceedings against OT and Others.#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 · 18 April 2024

Record· CJCELEX 62022CJ0634decided

Judgment of the Court (Fourth Chamber) of 18 April 2024.#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 · 18 April 2024

Report· CCCELEX 62021CC0647decided

Opinion of Advocate General Collins delivered on 11 April 2024.#D. K. and Others.#Requests for a preliminary ruling from the Sąd Okręgowy w Słupsku.#Reference for a preliminary ruling – Rule of law – Second subparagraph of Article 19(1) TEU – Principle of the irremovability of judges and judicial independence – Resolution of the college of a court withdrawing all cases from a judge – Lack of objective criteria for taking a withdrawal decision – Lack of obligation to state reasons for such a decision – Primacy of EU law – Obligation to disapply such a decision to withdraw cases.#Joined Cases C-647/21 and C-648/21.

European Union · Court of Justice of the European Union · 11 April 2024

Record· CJCELEX 62021CJ0582_RESdecided

Judgment of the Court (Grand Chamber) of 9 April 2024.#FY v Profi Credit Polska S.A. w Bielsku Białej.#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 · 9 April 2024

Record· CJCELEX 62021CJ0582decided

Judgment of the Court (Grand Chamber) of 9 April 2024.#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 · 9 April 2024

Record· TOCELEX 62023TO0139decided

Order of the General Court (Sixth Chamber) of 4 April 2024.#Miskolci Egyetem v Council of the European Union and European Commission.#Action for annulment – Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary – Prohibition on entering 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 – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Act not open to challenge – Act not having an adverse effect – Inadmissibility.#Case T-139/23.

European Union · Court of Justice of the European Union · 4 April 2024

Record· TOCELEX 62023TO0133decided

Order of the General Court (Sixth Chamber) of 4 April 2024.#Állatorvostudományi Egyetem v Council of the European Union and European Commission.#Action for annulment – Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary – Prohibition on entering 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 – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Act not open to challenge – Act not having an adverse effect – Inadmissibility.#Case T-133/23.

European Union · Court of Justice of the European Union · 4 April 2024

Record· TOCELEX 62023TO0138decided

Order of the General Court (Sixth Chamber) of 4 April 2024.#Semmelweis Egyetem v Council of the European Union.#Action for annulment – Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary – Prohibition on entering 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 – Regulatory act not entailing implementing measures – Direct concern – Admissibility.#Case T-138/23.

European Union · Court of Justice of the European Union · 4 April 2024

Record· TOCELEX 62023TO0132decided

Order of the General Court (Sixth Chamber) of 4 April 2024.#Óbudai Egyetem v Council of the European Union and European Commission.#Action for annulment – Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary – Prohibition on entering 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 – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Act not open to challenge – Act not having an adverse effect – Inadmissibility.#Case T-132/23.

European Union · Court of Justice of the European Union · 4 April 2024

Record· TOCELEX 62023TO0140decided

Order of the General Court (Sixth Chamber) of 4 April 2024.#Dunaújvárosi Egyetem v Council of the European Union and European Commission.#Action for annulment – Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary – Prohibition on entering 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 – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Act not open to challenge – Act not having an adverse effect – Inadmissibility.#Case T-140/23.

European Union · Court of Justice of the European Union · 4 April 2024

Record· CJCELEX 62021CJ0588decided

Judgment of the Court (Grand Chamber) of 5 March 2024.#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 · 5 March 2024

Record· CJCELEX 62021CJ0588_RESdecided

Judgment of the Court (Grand Chamber) of 5 March 2024.#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 · 5 March 2024

Report· CCCELEX 62023CC0053decided

Opinion of Advocate General Collins delivered on 1 February 2024.#Asociaţia 'Forumul Judecătorilor din România' and Asociaţia 'Mişcarea pentru Apărarea Statutului Procurorilor' v Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – Procurorul General al României.#Request for a preliminary ruling from the Curtea de Apel Piteşti.#Reference for a preliminary ruling – Rule of law – Judicial independence – Article 19(1) TEU – Cooperation and Verification Mechanism – Benchmarks subscribed to by Romania – Fight against corruption – Investigations of offences committed within the judicial system – Action challenging the nomination of prosecutors with competence to conduct those investigations – Standing of professional associations of judges to bring proceedings.#Case C-53/23.

European Union · Court of Justice of the European Union · 1 February 2024

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