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101 records in EU in 2021

Records

Report· CCCELEX 62020CC0395decided

Opinion of Advocate General Pikamäe delivered on 23 September 2021.#EP and GM v Corendon Airlines Turistik Hava Tasimacilik A.S.#Request for a preliminary ruling from the Landgericht Düsseldorf.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1) – Change in the departure time of a flight – Departure postponed by approximately three hours – Passengers notified nine days before departure – Concepts of ‘cancellation’ and ‘delay’.#Case C-395/20.

European Union · Court of Justice of the European Union · 23 September 2021

Report· CCCELEX 62020CC0146decided

Opinion of Advocate General Pikamäe delivered on 23 September 2021.#AD and Others v Corendon Airlines and Others.#Requests for a preliminary ruling from the Landgericht Düsseldorf and Landesgericht Korneuburg.#References for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Articles 2 and 3 – Concepts of ‘operating air carrier’, ‘confirmed reservation’ and ‘scheduled time of arrival’ – Articles 5, 7 and 8 – Flight departure time brought forward in relation to the original planned departure time – Classification – Reduction in the amount of compensation – Offer of re-routing – Article 14 – Obligation to inform passengers of their rights – Scope.#Joined Cases C-146/20, C-188/20, C-196/20 and C-270/20.

European Union · Court of Justice of the European Union · 23 September 2021

Report· CCCELEX 62020CC0263decided

Opinion of Advocate General Pikamäe delivered on 23 September 2021.#Airhelp Limited v Laudamotion GmbH.#Request for a preliminary ruling from the Landesgericht Korneuburg.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1)(c) – Flight booked through an online platform – Flight departure time brought forward by the operating air carrier – Classification – Receipt of notification of the flight being brought forward sent to an electronic address not belonging to the passengers concerned – Directive 2000/31/EC – Electronic commerce – Article 11 – Presumption of receipt – Scope of the operating air carrier’s obligation to provide information.#Case C-263/20.

European Union · Court of Justice of the European Union · 23 September 2021

Record· CJCELEX 62019CJ0906_SUMdecided

Judgment of the Court (Fifth Chamber) of 9 September 2021.#Criminal proceedings against FO.#Reference for a preliminary ruling – Road transport – Harmonisation of certain social legislation – Regulation (EC) No 561/2006 – Article 3(a) – Non-application of the regulation to carriage by road by vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 km – Mixed-use vehicle – Article 19(2) – Extraterritorial penalty – Infringement detected on the territory of a Member State committed on the territory of another Member State – Principle that offences and penalties must have a proper legal basis – Regulation (EEC) No 3821/85 – Recording equipment in road transport – Article 15(2) – Obligation to insert the driver card – Article 15(7) – Obligation to produce the driver card whenever an authorising inspecting officer so requests – Failure to insert the driver card into the recording equipment affecting several of the 28 days preceding the day of inspection.#Case C-906/19.

European Union · Court of Justice of the European Union · 9 September 2021

Record· CJCELEX 62019CJ0906decided

Judgment of the Court (Fifth Chamber) of 9 September 2021.#Criminal proceedings against FO.#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling – Road transport – Harmonisation of certain social legislation – Regulation (EC) No 561/2006 – Article 3(a) – Non-application of the regulation to carriage by road by vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 km – Mixed-use vehicle – Article 19(2) – Extraterritorial penalty – Infringement detected on the territory of a Member State committed on the territory of another Member State – Principle that offences and penalties must have a proper legal basis – Regulation (EEC) No 3821/85 – Recording equipment in road transport – Article 15(2) – Obligation to insert the driver card – Article 15(7) – Obligation to produce the driver card whenever an authorising inspecting officer so requests – Failure to insert the driver card into the recording equipment affecting several of the 28 days preceding the day of inspection.#Case C-906/19.

European Union · Court of Justice of the European Union · 9 September 2021

Record· CJCELEX 62020CJ0144decided

Judgment of the Court (Fifth Chamber) of 9 September 2021.#AS „LatRailNet” and „Latvijas dzelzceļš” VAS v Valsts dzelzceļa administrācija.#Request for a preliminary ruling from the Administratīvā rajona tiesa.#Reference for a preliminary ruling – Rail transport – Directive 2012/34/EU – Articles 32 and 56 – Railway infrastructure charging – Independence of the infrastructure manager – Functions of the regulatory body – Concept of ‘optimal competitiveness of rail market segments’ – Exclusive right on a rail segment – Public service operator.#Case C-144/20.

European Union · Court of Justice of the European Union · 9 September 2021

Record· CJCELEX 62019CJ0570_SUMdecided

Judgment of the Court (Fourth Chamber) of 2 September 2021.#Irish Ferries Ltd v National Transport Authority.#Reference for a preliminary ruling – Maritime transport – Rights of passengers when travelling by sea and inland waterway – Regulation (EU) No 1177/2010 – Articles 18 and 19, Article 20(4), and Articles 24 and 25 – Cancellation of passenger services – Late delivery of a vessel to the carrier – Notice given prior to the originally scheduled date of departure – Consequences – Right to re-routing – Procedures – Payment of the additional costs – Right to compensation – Calculation – Concept of ticket price – National body responsible for the enforcement of Regulation No 1177/2010 – Competence – Concept of a complaint – Assessment of validity – Articles 16, 17, 20 and 47 of the Charter of Fundamental Rights of the European Union – Principles of proportionality, legal certainty and equal treatment.#Case C-570/19.

European Union · Court of Justice of the European Union · 2 September 2021

Record· CJCELEX 62019CJ0570decided

Judgment of the Court (Fourth Chamber) of 2 September 2021.#Irish Ferries Ltd v National Transport Authority.#Request for a preliminary ruling from the High Court (Irlande).#Reference for a preliminary ruling – Maritime transport – Rights of passengers when travelling by sea and inland waterway – Regulation (EU) No 1177/2010 – Articles 18 and 19, Article 20(4), and Articles 24 and 25 – Cancellation of passenger services – Late delivery of a vessel to the carrier – Notice given prior to the originally scheduled date of departure – Consequences – Right to re-routing – Procedures – Payment of the additional costs – Right to compensation – Calculation – Concept of ticket price – National body responsible for the enforcement of Regulation No 1177/2010 – Competence – Concept of a complaint – Assessment of validity – Articles 16, 17, 20 and 47 of the Charter of Fundamental Rights of the European Union – Principles of proportionality, legal certainty and equal treatment.#Case C-570/19.

European Union · Court of Justice of the European Union · 2 September 2021

Record· TOCELEX 62020TO0646(01)decided

Order of the General Court (Eighth Chamber) of 28 July 2021.#NG and Others v European Parliament and Council of the European Union.#Action for annulment – Road transport – Regulation (EU) 2020/1054 – Driver’s rest periods – Impossibility of taking certain rest periods in the vehicle – Return to the employer’s operational centre or to the place of residence for certain rest periods – Professional association – Standing to bring proceedings – Act not of individual concern – Inadmissibility.#Case T-646/20.

European Union · Court of Justice of the European Union · 28 July 2021

Record· TOCELEX 62020TO0634decided

Order of the General Court (Eighth Chamber) of 28 July 2021.#Unie van Professionele Transporteurs en Logistieke Ondernemers (UPTR) v European Parliament and Council of the European Union.#Action for annulment – Road transport – Regulation (EU) 2020/1055 – International road haulage market – Cabotage – Trade association – Legal standing – Lack of individual concern – Inadmissibility.#Case T-634/20.

European Union · Court of Justice of the European Union · 28 July 2021

Record· TOCELEX 62020TO0645_INFdecided

Order of the General Court (Eighth Chamber) of 28 July 2021.#Dual Star Logistic SRL and Others v European Parliament and Council of the European Union.#Action for annulment – Road transport – Regulation (EU) 2020/1055 – Conditions relating to the requirement of establishment of undertakings – Return of vehicles to the operational centre in the Member State of origin within a maximum period of eight weeks – Professional association – Standing to bring proceedings – Act not of individual concern – Inadmissibility.#Case T-645/20.

European Union · Court of Justice of the European Union · 28 July 2021

Record· TOCELEX 62020TO0645decided

Order of the General Court (Eighth Chamber) of 28 July 2021.#Dual Star Logistic SRL and Others v European Parliament and Council of the European Union.#Action for annulment – Road transport – Regulation (EU) 2020/1055 – Conditions relating to the requirement of establishment of undertakings – Return of vehicles to the operational centre in the Member State of origin within a maximum period of eight weeks – Professional association – Standing to bring proceedings – Act not of individual concern – Inadmissibility.#Case T-645/20.

European Union · Court of Justice of the European Union · 28 July 2021

Record· TOCELEX 62020TO0634_INFdecided

Order of the General Court (Eighth Chamber) of 28 July 2021.#Unie van Professionele Transporteurs en Logistieke Ondernemers (UPTR) v European Parliament and Council of the European Union.#Action for annulment – Road transport – Regulation (EU) 2020/1055 – International road haulage market – Cabotage – Trade association – Legal standing – Lack of individual concern – Inadmissibility.#Case T-634/20.

European Union · Court of Justice of the European Union · 28 July 2021

Record· TOCELEX 62020TO0646(01)_INFdecided

Order of the General Court (Eighth Chamber) of 28 July 2021.#NG and Others v European Parliament and Council of the European Union.#Action for annulment – Road transport – Regulation (EU) 2020/1054 – Driver’s rest periods – Impossibility of taking certain rest periods in the vehicle – Return to the employer’s operational centre or to the place of residence for certain rest periods – Professional association – Standing to bring proceedings – Act not of individual concern – Inadmissibility.#Case T-646/20.

European Union · Court of Justice of the European Union · 28 July 2021

Record· CJCELEX 62020CJ0060_SUMdecided

Judgment of the Court (Fifth Chamber) of 15 July 2021.#„Latvijas dzelzceļš” VAS v Valsts dzelzceļa administrācija.#Reference for a preliminary ruling – Rail transport – Directive 2012/34/EU – Single European railway area – Article 13(2) and (6) – Access to service facilities and to rail-related services – Regulation (EU) 2017/2177 – Reconversion of facilities – Powers of the regulatory body.#Case C-60/20.

European Union · Court of Justice of the European Union · 15 July 2021

Record· CJCELEX 62020CJ0060decided

Judgment of the Court (Fifth Chamber) of 15 July 2021.#„Latvijas dzelzceļš” VAS v Valsts dzelzceļa administrācija.#Request for a preliminary ruling from the Administratīvā apgabaltiesa.#Reference for a preliminary ruling – Rail transport – Directive 2012/34/EU – Single European railway area – Article 13(2) and (6) – Access to service facilities and to rail-related services – Regulation (EU) 2017/2177 – Reconversion of facilities – Powers of the regulatory body.#Case C-60/20.

European Union · Court of Justice of the European Union · 15 July 2021

Record· TJCELEX 62020TJ0677decided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 14 July 2021.#Ryanair DAC and Laudamotion GmbH v European Commission.#State aid – Austrian air transport market – Aid granted by Austria to an airline amid the COVID-19 pandemic – Subordinated loan to Austrian Airlines AG – Decision not to raise any objections – Aid previously granted to the parent company of the recipient – Aid intended to make good the damage caused by an exceptional occurrence – Freedom of establishment – Free provision of services – Equal treatment – Duty to state reasons.#Case T-677/20.

European Union · Court of Justice of the European Union · 14 July 2021

Record· TJCELEX 62020TJ0677_RESdecided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 14 July 2021.#Ryanair DAC and Laudamotion GmbH v European Commission.#State aid – Austrian air transport market – Aid granted by Austria to an airline amid the COVID-19 pandemic – Subordinated loan in favour of Austrian Airlines – Decision not to raise any objections – Aide previously granted to the beneficiary’s parent company – Aid intended to make good the damage caused by an exceptional occurrence – Freedom of establishment – Freedom to provide services – Equal treatment – Obligation to state reasons.#Case T-677/20.

European Union · Court of Justice of the European Union · 14 July 2021

Record· TOCELEX 62019TO0866_INFdecided

Order of the General Court (Third Chamber) of 12 July 2021.#Ryanair DAC and Laudamotion GmbH v European Commission.#Action for annulment – Air transport – Regulation (EC) No 1008/2008 – Rules on the distribution of air traffic between Schiphol and Lelystad Airports – Priority for the allocation of slots to Lelystad Airport – Regulatory act entailing implementing measures – Not individually concerned – Inadmissibility.#Case T-866/19.

European Union · Court of Justice of the European Union · 12 July 2021

Record· TOCELEX 62019TO0866decided

Order of the General Court (Third Chamber) of 12 July 2021.#Ryanair DAC and Laudamotion GmbH v European Commission.#Action for annulment – Air transport – Regulation (EC) No 1008/2008 – Rules on the distribution of air traffic between Schiphol and Lelystad Airports – Priority for the allocation of slots to Lelystad Airport – Regulatory act entailing implementing measures – Not individually concerned – Inadmissibility.#Case T-866/19.

European Union · Court of Justice of the European Union · 12 July 2021

Record· CJCELEX 62020CJ0120decided

Judgment of the Court (Fifth Chamber) of 8 July 2021.#Koleje Mazowieckie – KM Sp. z o.o. v Skarb Państwa – Minister Infrastruktury i Budownictwa obecnie Minister Infrastruktury i Prezes Urzędu Transportu Kolejowego and PKP Polskie Linie Kolejowe S.A.#Request for a preliminary ruling from the Sąd Najwyższy.#Reference for a preliminary ruling – Rail transport – Allocation of railway infrastructure capacity and levying of charges for the use of railway infrastructure – Directive 2001/14/EC – Article 4(5) – Charging – Article 30 – National regulatory body tasked with ensuring that infrastructure charges comply with that directive – Contract for use of infrastructure concluded between the infrastructure manager and a railway undertaking – Incorrect transposition – State liability – Claim for damages – Prior referral to the national regulatory body.#Case C-120/20.

European Union · Court of Justice of the European Union · 8 July 2021

Record· CJCELEX 62020CJ0120_SUMdecided

Judgment of the Court (Fifth Chamber) of 8 July 2021.#Koleje Mazowieckie – KM Sp. z o.o. v Skarb Państwa – Minister Infrastruktury i Budownictwa obecnie Minister Infrastruktury i Prezes Urzędu Transportu Kolejowego and PKP Polskie Linie Kolejowe S.A.#Reference for a preliminary ruling – Rail transport – Allocation of railway infrastructure capacity and levying of charges for the use of railway infrastructure – Directive 2001/14/EC – Article 4(5) – Charging – Article 30 – National regulatory body tasked with ensuring that infrastructure charges comply with that directive – Contract for use of infrastructure concluded between the infrastructure manager and a railway undertaking – Incorrect transposition – State liability – Claim for damages – Prior referral to the national regulatory body.#Case C-120/20.

European Union · Court of Justice of the European Union · 8 July 2021

Record· CJCELEX 62019CJ0428decided

Judgment of the Court (First Chamber) of 8 July 2021.#OL and Others v Rapidsped Fuvarozási és Szállítmányozási Zrt.#Request for a preliminary ruling from the Gyulai Törvényszék.#Reference for a preliminary ruling – Directive 96/71/EEC – Article 1(1) and Articles 3 and 5 – Posting of workers in the framework of the provision of services – Drivers working in international road transport – Compliance with the minimum rates of pay of the country of posting – Daily allowance – Regulation (EC) No 561/2006 – Article 10 – Remuneration paid to employees according to fuel consumption.#Case C-428/19.

European Union · Court of Justice of the European Union · 8 July 2021

Record· CJCELEX 62020CJ0012_SUMdecided

Judgment of the Court (Fifth Chamber) of 24 June 2021.#DB Netz AG v Bundesrepublik Deutschland.#Reference for a preliminary ruling – Rail transport – International rail freight corridors – Regulation (EU) No 913/2010 – Article 13(1) – Establishment of a one-stop shop for each freight corridor – Article 14 – Nature of the framework for the allocation of the infrastructure capacity on the freight corridor laid down by the executive board – Article 20 – Regulatory bodies – Directive 2012/34/EU – Article 27 – Procedure for submitting applications for infrastructure capacity – Role of infrastructure managers – Articles 56 and 57 – Functions of the regulatory bodies and cooperation between regulatory bodies.#Case C-12/20.

European Union · Court of Justice of the European Union · 24 June 2021

Record· CJCELEX 62020CJ0012decided

Judgment of the Court (Fifth Chamber) of 24 June 2021.#DB Netz AG v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen.#Reference for a preliminary ruling – Rail transport – International rail freight corridors – Regulation (EU) No 913/2010 – Article 13(1) – Establishment of a one-stop shop for each freight corridor – Article 14 – Nature of the framework for the allocation of the infrastructure capacity on the freight corridor laid down by the executive board – Article 20 – Regulatory bodies – Directive 2012/34/EU – Article 27 – Procedure for submitting applications for infrastructure capacity – Role of infrastructure managers – Articles 56 and 57 – Functions of the regulatory bodies and cooperation between regulatory bodies.#Case C-12/20.

European Union · Court of Justice of the European Union · 24 June 2021

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