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Rule of law

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51 records in EU

Records

Record· CJCELEX 62023CJ0748_RESdecided

Judgment of the Court (Fourth Chamber) of 16 July 2026.#C. Limited v M. S.#Reference for a preliminary ruling – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – National legislation permitting a review of compliance with the requirements of independence and impartiality of a judge sitting in the Sąd Najwyższy (Supreme Court, Poland) – Composition of the panel of judges called upon to review compliance with those requirements – Irregularities in the appointment of a member of the panel – Consequences of such irregularities – Impartiality – Primacy of EU law.#Case C-748/23.

European Union · Court of Justice of the European Union · 16 July 2026

Record· TJCELEX 62024TJ0661_RESdecided

Judgment of the General Court (Third Chamber) of 15 July 2026.#Czech Republic v European Commission.#Non-contractual liability of the European Union – EAGF and EAFRD – Judgment annulling a Commission decision excluding from EU financing certain expenditure incurred by the Member States under the EAGF and EAFRD – Reimbursement by the Commission of the amount unduly received – Commission’s refusal to pay interest on the excess amount received – Obligation to pay interest – Compensation at a standard rate for the loss of enjoyment of the amount unduly paid to the Commission – Article 266 TFEU – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-661/24.

European Union · Court of Justice of the European Union · 15 July 2026

Record· TJCELEX 62024TJ0661decided

Judgment of the General Court (Third Chamber) of 15 July 2026.#Czech Republic v European Commission.#Non-contractual liability of the European Union – EAGF and EAFRD – Judgment annulling a Commission decision excluding from EU financing certain expenditure incurred by the Member States under the EAGF and EAFRD – Reimbursement by the Commission of the amount unduly received – Commission’s refusal to pay interest on the excess amount received – Obligation to pay interest – Compensation at a standard rate for the loss of enjoyment of the amount unduly paid to the Commission – Article 266 TFEU – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-661/24.

European Union · Court of Justice of the European Union · 15 July 2026

Record· CJCELEX 62024CJ0386_RESdecided

Judgment of the Court (Fourth Chamber) of 11 June 2026.#Centro Petroli Roma Srl v Agenzia delle Dogane e dei Monopoli.#Reference for a preliminary ruling – Rule of law – Judicial independence – Article 267 TFEU – Obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Individual liability of judges – Taxation – General arrangements for excise duty – Directive 2008/118/EC – Article 16(1) – Tax warehouse – Opening and operation – Authorisation – Conditions – Fixing by national legislation – Distinction according to the storage capacity of warehouses – Criterion relating to the existence of ‘actual operational and supply needs of the installation’ for all warehouses – Additional criterion relating to the delivery of a minimum quantity of products over a reference period or to the dependence on another tax warehouse for small warehouses – Whether justified – Principle of proportionality.#Case C-386/24.

European Union · Court of Justice of the European Union · 11 June 2026

Record· CJCELEX 62024CJ0386decided

Judgment of the Court (Fourth Chamber) of 11 June 2026.#Centro Petroli Roma Srl v Agenzia delle Dogane e dei Monopoli.#Reference for a preliminary ruling – Rule of law – Judicial independence – Article 267 TFEU – Obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Individual liability of judges – Taxation – General arrangements for excise duty – Directive 2008/118/EC – Article 16(1) – Tax warehouse – Opening and operation – Authorisation – Conditions – Fixing by national legislation – Distinction according to the storage capacity of warehouses – Criterion relating to the existence of ‘actual operational and supply needs of the installation’ for all warehouses – Additional criterion relating to the delivery of a minimum quantity of products over a reference period or to the dependence on another tax warehouse for small warehouses – Whether justified – Principle of proportionality.#Case C-386/24.

European Union · Court of Justice of the European Union · 11 June 2026

Record· CJCELEX 62024CJ0557decided

Judgment of the Court (Fifth Chamber) of 21 May 2026.#Malacalza Investimenti Srl and Vittorio Malacalza v European Central Bank.#Appeal – Non-contractual liability – Economic and monetary policy – Prudential supervision of credit institutions – Decisions taken by the European Central Bank (ECB) concerning Banca Carige SpA – Sufficiently serious breach of a rule of law conferring rights on individuals – Principle of the protection of legitimate expectations – Conflict of interest – Proportionality – Equal treatment – Right to property – Grounds of the General Court’s judgment.#Case C-557/24 P.

European Union · Court of Justice of the European Union · 21 May 2026

Record· CJCELEX 62024CJ0155_RESdecided

Judgment of the Court (Grand Chamber) of 21 April 2026.#Nederlandse Voedsel- en Warenautoriteit and Others v Stichting Rookpreventie Jeugd.#Reference for a preliminary ruling – Approximation of laws – Manufacture, presentation and sale of tobacco products and related products – Directive 2014/40/EU – Article 3(1) – Maximum emission levels for tar, nicotine and carbon monoxide – Article 4(1) – Measurement methods – Measurement of emission levels on the basis of the ISO standards referred to in Article 4(1) – Standards not published in the Official Journal of the European Union – Enforceability of those ISO standards – Article 2 TEU – Value of the rule of law – Requirement of free access to such standards.#Case C-155/24.

European Union · Court of Justice of the European Union · 21 April 2026

Record· CJCELEX 62024CJ0155decided

Judgment of the Court (Grand Chamber) of 21 April 2026.#Nederlandse Voedsel- en Warenautoriteit and Others v Stichting Rookpreventie Jeugd.#Reference for a preliminary ruling – Approximation of laws – Manufacture, presentation and sale of tobacco products and related products – Directive 2014/40/EU – Article 3(1) – Maximum emission levels for tar, nicotine and carbon monoxide – Article 4(1) – Measurement methods – Measurement of emission levels on the basis of the ISO standards referred to in Article 4(1) – Standards not published in the Official Journal of the European Union – Enforceability of those ISO standards – Article 2 TEU – Value of the rule of law – Requirement of free access to such standards.#Case C-155/24.

European Union · Court of Justice of the European Union · 21 April 2026

Record· CJCELEX 62021CJ0521decided

Judgment of the Court (Grand Chamber) of 24 March 2026.#MJ v AA.#Request for a preliminary ruling from the Sąd Rejonowy Poznań - Stare Miasto w Poznaniu.#Reference for a preliminary ruling – Rule of law – Effective legal protection in the fields covered by EU law – Judicial independence – Second subparagraph of Article 19(1) TEU – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – National legislation and case-law prohibiting national courts from calling into question the legitimacy of constitutional courts and bodies or from establishing or assessing the lawfulness of the appointment of judges or of their judicial powers – Obligation for a judge hearing an application for the recusal of another judge to ascertain whether the requirement of a ‘tribunal previously established by law’ has been met – Appointment of judges of the ordinary courts in Poland – Lack of independence of the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) – No effective remedy for candidates for the judicial post concerned – Judge not constituting an ‘independent and impartial tribunal previously established by law’ – Possibility of removing a judge from a panel of judges of the court.#Case C-521/21.

European Union · Court of Justice of the European Union · 24 March 2026

Record· CJCELEX 62021CJ0521_RESdecided

Judgment of the Court (Grand Chamber) of 24 March 2026.#MJ v AA.#Reference for a preliminary ruling – Rule of law – Effective legal protection in the fields covered by EU law – Judicial independence – Second subparagraph of Article 19(1) TEU – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – National legislation and case-law prohibiting national courts from calling into question the legitimacy of constitutional courts and bodies or from establishing or assessing the lawfulness of the appointment of judges or of their judicial powers – Obligation for a judge hearing an application for the recusal of another judge to ascertain whether the requirement of a ‘tribunal previously established by law’ has been met – Appointment of judges of the ordinary courts in Poland – Lack of independence of the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) – No effective remedy for candidates for the judicial post concerned – Judge not constituting an ‘independent and impartial tribunal previously established by law’ – Possibility of removing a judge from a panel of judges of the court.#Case C-521/21.

European Union · Court of Justice of the European Union · 24 March 2026

Record· COCELEX 62024CO0517(01)_INFdecided

Order of the Court (Ninth Chamber) of 26 February 2026.#VG v Zastępca Rzecznika Dyscyplinarnego przy Sądzie Okręgowym w Gdańsku.#Reference for a preliminary ruling – Article 267 TFEU – Article 53(2) of the Rules of Procedure of the Court of Justice – Rule of law – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by EU law – Judicial independence – Izba Odpowiedzialności Zawodowej (Chamber of Professional Responsibility) of the Sąd Najwyższy (Supreme Court, Poland) – Possibility of calling into question a final disciplinary conviction at the stage of a procedure for the cumulation of penalties – Manifest inadmissibility.#Case C-517/24.

European Union · Court of Justice of the European Union · 26 February 2026

Record· TJCELEX 62023TJ1180decided

Judgment of the General Court (Fifth Chamber) of 25 February 2026.#BW v European Union Agency for Law Enforcement Cooperation and European Union Agency for Criminal Justice Cooperation.#Cooperation between police authorities and other law enforcement agencies of Member States – Sky ECC encrypted communications service – Alleged unlawful processing of personal data – Action for annulment – Act not subject to review – Preparatory act – Admissibility – Processing of personal data by Member States and transfer of such data to Europol – Transfer of personal data by Europol to a Member State – Transfer of personal data from Eurojust to a third country – Non-contractual liability – Article 50 of Regulation (EU) 2016/794 – Joint and several liability of Europol and the Member States for unlawful data processing – Sufficiently serious breach of a rule of law conferring rights on individuals – Actual damage – Regulation (EU) 2018/1727 – Insufficient coordination by Eurojust of criminal proceedings between a Member State and a third country – Articles 71, 72, 89, 91 and 92 of Regulation (EU) 2018/1725.#Case T-1180/23.

European Union · Court of Justice of the European Union · 25 February 2026

Record· TJCELEX 62023TJ1180_RESdecided

Judgment of the General Court (Fifth Chamber) of 25 February 2026.#BW v European Union Agency for Law Enforcement Cooperation and European Union Agency for Criminal Justice Cooperation.#Cooperation between police authorities and other law enforcement agencies of Member States – Sky ECC encrypted communications service – Alleged unlawful processing of personal data – Action for annulment – Act not subject to review – Preparatory act – Admissibility – Processing of personal data by Member States and transfer of such data to Europol – Transfer of personal data by Europol to a Member State – Transfer of personal data from Eurojust to a third country – Non-contractual liability – Article 50 of Regulation (EU) 2016/794 – Joint and several liability of Europol and the Member States for unlawful data processing – Sufficiently serious breach of a rule of law conferring rights on individuals – Actual damage – Regulation (EU) 2018/1727 – Insufficient coordination by Eurojust of criminal proceedings between a Member State and a third country – Articles 71, 72, 89, 91 and 92 of Regulation (EU) 2018/1725.#Case T-1180/23.

European Union · Court of Justice of the European Union · 25 February 2026

Record· CJCELEX 62025CJ0056_RESdecided

Judgment of the Court (Third Chamber) of 12 February 2026.#Criminal proceedings against MA.#Reference for a preliminary ruling – Article 267 TFEU – Principle of the primacy of EU law – National law alleged to be incompatible with the national Constitution and with EU law – Conditions for referring a matter to a constitutional court – Reasoned assessment of the consequences of the application of EU law – Prior reference to the Court of Justice of the European Union for a preliminary ruling – Article 94(b) of the Rules of Procedure of the Court of Justice – Determination of the national law applicable to the dispute – Content of the request for a preliminary ruling – Obligation or entitlement to refer a matter to a constitutional court before making a reference to the Court of Justice for a preliminary ruling – None.#Case C-56/25.

European Union · Court of Justice of the European Union · 12 February 2026

Record· CJCELEX 62025CJ0056decided

Judgment of the Court (Third Chamber) of 12 February 2026.#Criminal proceedings against MA.#Request for a preliminary ruling from the Sofiyski gradski sad.#Reference for a preliminary ruling – Article 267 TFEU – Principle of the primacy of EU law – National law alleged to be incompatible with the national Constitution and with EU law – Conditions for referring a matter to a constitutional court – Reasoned assessment of the consequences of the application of EU law – Prior reference to the Court of Justice of the European Union for a preliminary ruling – Article 94(b) of the Rules of Procedure of the Court of Justice – Determination of the national law applicable to the dispute – Content of the request for a preliminary ruling – Obligation or entitlement to refer a matter to a constitutional court before making a reference to the Court of Justice for a preliminary ruling – None.#Case C-56/25.

European Union · Court of Justice of the European Union · 12 February 2026

Record· COCELEX 62024CO0437_INFdecided

Order of the Court (Tenth Chamber) of 12 January 2026.#Cirsa Italia SpA v Agenzia delle Dogane e dei Monopoli and Ministero dell'Economia e delle Finanze.#Reference for a preliminary ruling – Directive 2014/23/EU – Award of concession contracts – Temporal scope – Concessions for the constitution and operation of the network for the telematic management of lawful gaming by means of amusement or recreational machines – Article 43 – Modification of a concession during its performance – Article 5 – Obligation on the Member States to confer on the contracting authority the power to initiate, at the request of a concessionaire, a procedure to modify the conditions for the performance of a concession in cases where unforeseen and unforeseeable events have a significant impact on the operating risk of that concession – None.#Case C-437/24.

European Union · Court of Justice of the European Union · 12 January 2026

Record· CJCELEX 62023CJ0448_RESdecided

Judgment of the Court (Grand Chamber) of 18 December 2025.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Article 2 TEU – Article 4(3) TEU – Second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection in the fields covered by EU law – Principles of autonomy, primacy, effectiveness and the uniform application of EU law – Principle of the binding effect of the case-law of the Court – Judgments of the Trybunał Konstytucyjny (Constitutional Court, Poland) – Judgments of the Court and interim measures under Article 279 TFEU relating to the second subparagraph of Article 19(1) TEU – Rejection by the Trybunał Konstytucyjny (Constitutional Court) of those judgments and of those measures as ultra vires – National constitutional identity – Prohibition issued by the Trybunał Konstytucyjny (Constitutional Court) preventing all public authorities from applying Article 2 TEU and the second subparagraph of Article 19(1) TEU – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Requirement of an independent and impartial tribunal previously established by law – Improper composition of the Trybunał Konstytucyjny (Constitutional Court).#Case C-448/23.

European Union · Court of Justice of the European Union · 18 December 2025

Record· CJCELEX 62023CJ0448decided

Judgment of the Court (Grand Chamber) of 18 December 2025.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Article 2 TEU – Article 4(3) TEU – Second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection in the fields covered by Union law – Principles of autonomy, primacy, effectiveness and the uniform application of EU law – Principle of the binding effect of the case-law of the Court – Judgments of the Trybunał Konstytucyjny (Constitutional Court, Poland) – Judgments of the Court and interim measures under Article 279 TFEU relating to the second subparagraph of Article 19(1) TEU – Rejection by the Trybunał Konstytucyjny (Constitutional Court) of those judgments and of those measures as ultra vires – National constitutional identity – Prohibition issued by the Trybunał Konstytucyjny (Constitutional Court) preventing all public authorities from applying Article 2 TEU and the second subparagraph of Article 19(1) TEU – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Requirement of an independent and impartial tribunal previously established by law – Improper composition of the Trybunał Konstytucyjny (Constitutional Court).#Case C-448/23.

European Union · Court of Justice of the European Union · 18 December 2025

Record· TOCELEX 62021TO0133_INFdecided

Order of the General Court (Eighth Chamber) of 11 December 2025.#Jegors Buimisters, en qualité d'héritier de Igors Buimisters and Aleksandra Buimistere, en qualité d'héritière de Igors Buimisters v European Central Bank.#Action for damages – Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Action manifestly lacking any foundation in law.#Case T-133/21.

European Union · Court of Justice of the European Union · 11 December 2025

Record· TOCELEX 62021TO0133decided

Order of the General Court (Eighth Chamber) of 11 December 2025.#Jegors Buimisters, en qualité d'héritier de Igors Buimisters and Aleksandra Buimistere, en qualité d'héritière de Igors Buimisters v European Central Bank.#Action for damages – Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Action manifestly lacking any foundation in law.#Case T-133/21.

European Union · Court of Justice of the European Union · 11 December 2025

Record· TJCELEX 62020TJ0384(01)decided

Judgment of the General Court (Third Chamber) of 1 October 2025.#OC v European Commission.#Non-contractual liability – OLAF investigation – Press release – Processing of personal data – Presumption of innocence – Principle of good administration – Duty to act diligently – Confidentiality of OLAF investigations – Sufficiently serious breach of a rule of law conferring rights on individuals – Causal link – Damage.#Case T-384/20 RENV.

European Union · Court of Justice of the European Union · 1 October 2025

Record· TJCELEX 62020TJ0384(01)_RESdecided

Judgment of the General Court (Third Chamber) of 1 October 2025.#OC v European Commission.#Non-contractual liability – OLAF investigation – Press release – Processing of personal data – Presumption of innocence – Principle of good administration – Duty to act diligently – Confidentiality of OLAF investigations – Sufficiently serious breach of a rule of law conferring rights on individuals – Causal link – Damage.#Case T-384/20 RENV.

European Union · Court of Justice of the European Union · 1 October 2025

Record· COCELEX 62024CO0542(01)_INFdecided

Order of the Court (Ninth Chamber) of 30 September 2025.#A. B. v Skarb Państwa – Państwowe Gospodarstwo Leśne Lasy Państwowe Nadleśnictwa C.#Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Rule of law – Independence of the judiciary – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by EU law – Principle of judicial independence – Examination of the case on appeal by a single-Judge formation – Option for the president of the court to refer the case to a three-Judge formation – Question of a hypothetical nature – Impossibility, for the referring court to take into account, under its domestic law, any answer given by the Court of Justice – Manifest inadmissibility.#Case C-542/24.

European Union · Court of Justice of the European Union · 30 September 2025

Record· COCELEX 62024CO0542(01)decided

Order of the Court (Ninth Chamber) of 30 September 2025.#A. B. v Skarb Państwa – Państwowe Gospodarstwo Leśne Lasy Państwowe Nadleśnictwa C.#Request for a preliminary ruling from the Sąd Okręgowy w Słupsku.#Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Rule of law – Independence of the judiciary – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by EU law – Principle of judicial independence – Examination of the case on appeal by a single-Judge formation – Option for the president of the court to refer the case to a three-Judge formation – Question of a hypothetical nature – Impossibility, for the referring court to take into account, under its domestic law, any answer given by the Court of Justice – Manifest inadmissibility.#Case C-542/24.

European Union · Court of Justice of the European Union · 30 September 2025

Record· TOCELEX 62024TO0570_INFdecided

Order of the General Court (Sixth Chamber) of 25 September 2025.#Modul University Vienna GmbH v European Health and Digital Executive Agency.#Action for annulment – General regime of conditionality for the protection of the Union budget – 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 a public interest trust established on the basis of Hungarian Act No IX of 2021 or with an entity maintained by such a public interest trust – Decision not to enter into a new legal commitment with the applicant – Identification of the defendant – Partial inadmissibility.#Case T-570/24.

European Union · Court of Justice of the European Union · 25 September 2025

Record· TOCELEX 62024TO0570decided

Order of the General Court (Sixth Chamber) of 25 September 2025.#Modul University Vienna GmbH v European Health and Digital Executive Agency.#Action for annulment – General regime of conditionality for the protection of the Union budget – 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 a public interest trust established on the basis of Hungarian Act No IX of 2021 or with an entity maintained by such a public interest trust – Decision not to enter into a new legal commitment with the applicant – Identification of the defendant – Partial inadmissibility.#Case T-570/24.

European Union · Court of Justice of the European Union · 25 September 2025

Record· TOCELEX 62020TO0771(01)_RESdecided

Order of the General Court (Sixth Chamber) of 25 September 2025.#KS and KD v Council of the European Union and Others.#Actions for damages – Common foreign and security policy – Damage resulting from the alleged infringement of fundamental rights – Serious offences committed in Kosovo in 1999 – European Union Rule of Law Mission in Kosovo (Eulex Kosovo) – Failure to meet formal requirements – Article 76(d) of the Rules of Procedure – Manifest inadmissibility in part – Non-attributability of the alleged omissions – Action in part manifestly lacking any foundation in law.#Case T-771/20 RENV.

European Union · Court of Justice of the European Union · 25 September 2025

Record· TOCELEX 62020TO0771(01)decided

Order of the General Court (Sixth Chamber) of 25 September 2025.#KS and KD v Council of the European Union and Others.#Actions for damages – Common foreign and security policy – Damage resulting from the alleged infringement of fundamental rights – Serious offences committed in Kosovo in 1999 – European Union Rule of Law Mission in Kosovo (Eulex Kosovo) – Failure to meet formal requirements – Article 76(d) of the Rules of Procedure – Manifest inadmissibility in part – Non-attributability of the alleged omissions – Action in part manifestly lacking any foundation in law.#Case T-771/20 RENV.

European Union · Court of Justice of the European Union · 25 September 2025

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