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101 records in EU in 2022

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Record· COCELEX 62021CO0307_SUMdecided

Order of the Court (Eighth Chamber) of 27 September 2022.#AB and Others v Ryanair DAC.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – 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 5(1)(c) – Right to compensation if flight is cancelled – Contract for carriage concluded through an online travel agent – Information on the cancellation of the flight communicated by means of an email address automatically generated by the travel agent – Failure to ensure that the passenger was properly informed.#Case C-307/21.

European Union · Court of Justice of the European Union · 27 September 2022

Record· COCELEX 62021CO0307decided

Order of the Court (Eighth Chamber) of 27 September 2022.#AB and Others v Ryanair DAC.#Request for a preliminary ruling from the Landgericht Kleve.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – 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 5(1)(c) – Right to compensation if flight is cancelled – Contract for carriage concluded through an online travel agent – Information on the cancellation of the flight communicated by means of an email address automatically generated by the travel agent – Failure to ensure that the passenger was properly informed.#Case C-307/21.

European Union · Court of Justice of the European Union · 27 September 2022

Report· CCCELEX 62021CC0292decided

Opinion of Advocate General Emiliou delivered on 15 September 2022.#Administración General del Estado and Others v Asociación para la Defensa de los Intereses Comunes de las Autoescuelas (AUDICA) and Ministerio Fiscal.#Request for a preliminary ruling from the Tribunal Supremo.#Reference for a preliminary ruling – Directive 2006/123/EC – Services in the internal market – Article 2(2)(d) – Substantive scope – Service in the field of transport – Provision of road safety awareness and re-education courses for the recovery of driving licence points – Concession to operate a public service – Article 15 – Requirements – Division of the relevant territory into five lots – Quantitative and territorial limit on access to the activity concerned – Overriding reasons in the public interest – Whether justified – Road safety – Proportionality – Service of general economic interest.#Case C-292/21.

European Union · Court of Justice of the European Union · 15 September 2022

Record· TJCELEX 62019TJ0603_RESdecided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 14 September 2022 (Extracts).#Helsingin Bussiliikenne Oy v European Commission.#State aid – Coach and bus transport – Equipment loan and capital loans granted by the City of Helsinki – Decision declaring the aid incompatible with the internal market and ordering its recovery – Economic continuity – Procedural rights of interested parties – Article 6(1) of Regulation (EU) 2015/1589 – Obligation to state reasons.#Case T-603/19.

European Union · Court of Justice of the European Union · 14 September 2022

Record· TJCELEX 62020TJ0575decided

Judgment of the General Court (Fifth Chamber) of 14 September 2022.#SŽ - Tovorni promet d.o.o. v European Commission.#Directive 2014/25/EU – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Implementing Decision on the applicability of Article 34 of Directive 2014/25 on railway freight transport in Slovenia – Direct exposure to competition – Product market definition – Geographic market definition – Assessment of direct exposure to competition – Principle of good administration – Obligation to state reasons.#Case T-575/20.

European Union · Court of Justice of the European Union · 14 September 2022

Record· TJCELEX 62019TJ0597_INFdecided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 14 September 2022.#Helsingin kaupunki v European Commission.#State aid – Coach and bus transport – Equipment loan and capital loans granted by the City of Helsinki – Decision declaring the aid incompatible with the internal market and ordering its recovery – Existing aid – Advantage – Application of the private creditor criterion in a market economy test – Public status of the debtor – Taking into account an existing aid scheme – Application of the private investor criterion in a market economy test – Economic continuity – Procedural rights of the interested parties – Article 108(2) TFEU – Obligation to state reasons – General principles of EU law.#Case T-597/19.

European Union · Court of Justice of the European Union · 14 September 2022

Record· TJCELEX 62020TJ0575_INFdecided

Judgment of the General Court (Fifth Chamber) of 14 September 2022.#SŽ - Tovorni promet d.o.o. v European Commission.#Directive 2014/25/EU – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Implementing Decision on the applicability of Article 34 of Directive 2014/25 on railway freight transport in Slovenia – Direct exposure to competition – Product market definition – Geographic market definition – Assessment of direct exposure to competition – Principle of good administration – Obligation to state reasons.#Case T-575/20.

European Union · Court of Justice of the European Union · 14 September 2022

Record· TJCELEX 62019TJ0597decided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 14 September 2022.#Helsingin kaupunki v European Commission.#State aid – Coach and bus transport – Equipment loan and capital loans granted by the City of Helsinki – Decision declaring the aid incompatible with the internal market and ordering its recovery – Existing aid – Advantage – Application of the private creditor criterion in a market economy test – Public status of the debtor – Taking into account an existing aid scheme – Application of the private investor criterion in a market economy test – Economic continuity – Procedural rights of the interested parties – Article 108(2) TFEU – Obligation to state reasons – General principles of EU law.#Case T-597/19.

European Union · Court of Justice of the European Union · 14 September 2022

Record· TJCELEX 62019TJ0603decided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 14 September 2022 (Extracts).#Helsingin Bussiliikenne Oy v European Commission.#State aid – Coach and bus transport – Equipment loan and capital loans granted by the City of Helsinki – Decision declaring the aid incompatible with the internal market and ordering its recovery – Economic continuity – Procedural rights of interested parties – Article 6(1) of Regulation (EU) 2015/1589 – Obligation to state reasons.#Case T-603/19.

European Union · Court of Justice of the European Union · 14 September 2022

Record· CJCELEX 62020CJ0614_SUMdecided

Judgment of the Court (First Chamber) of 8 September 2022.#Lux Express Estonia AS v Majandus- ja Kommunikatsiooniministeerium.#Reference for a preliminary ruling – Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Imposition by means of general rules of an obligation to carry certain categories of passenger free of charge – Obligation for the competent authority to grant public service compensation to operators – Calculation method.#Case C-614/20.

European Union · Court of Justice of the European Union · 8 September 2022

Record· CJCELEX 62021CJ0368_SUMdecided

Judgment of the Court (Ninth Chamber) of 8 September 2022.#R.T. v Hauptzollamt Hamburg.#Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Regulation (EU) 2015/2446 – Place where the customs debt is incurred – Value added tax (VAT) – Directive 2006/112/EC – Article 30 – Article 60 – Article 71(1) – Chargeable event and place where the import VAT becomes chargeable – Place where the tax liability is incurred – Finding of a failure to comply with an obligation imposed by EU customs legislation – Determination of the place of importation of goods – Means of transport registered in a third country and imported into the European Union in infringement of customs legislation.#Case C-368/21.

European Union · Court of Justice of the European Union · 8 September 2022

Record· CJCELEX 62020CJ0614decided

Judgment of the Court (First Chamber) of 8 September 2022.#Lux Express Estonia AS v Majandus- ja Kommunikatsiooniministeerium.#Request for a preliminary ruling from the Tallinna Halduskohus.#Reference for a preliminary ruling – Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Imposition by means of general rules of an obligation to carry certain categories of passenger free of charge – Obligation for the competent authority to grant public service compensation to operators – Calculation method.#Case C-614/20.

European Union · Court of Justice of the European Union · 8 September 2022

Record· CJCELEX 62021CJ0368decided

Judgment of the Court (Ninth Chamber) of 8 September 2022.#R.T. v Hauptzollamt Hamburg.#Request for a preliminary ruling from the Finanzgericht Hamburg.#Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Regulation (EU) 2015/2446 – Place where the customs debt is incurred – Value added tax (VAT) – Directive 2006/112/EC – Article 30 – Article 60 – Article 71(1) – Chargeable event and place where the import VAT becomes chargeable – Place where the tax liability is incurred – Finding of a failure to comply with an obligation imposed by EU customs legislation – Determination of the place of importation of goods – Means of transport registered in a third country and imported into the European Union in infringement of customs legislation.#Case C-368/21.

European Union · Court of Justice of the European Union · 8 September 2022

Proposal· PCCELEX 52022PC0381open

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on repealing Regulation (EEC) No 1108/70 of the Council introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway, and Commission Regulation (EC) No 851/2006 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Council Regulation (EEC) No 1108/70

European Union · European Commission · 3 August 2022

Record· CJCELEX 62021CJ0294_SUMdecided

Judgment of the Court (First Chamber) of 1 August 2022.#État du Grand-duché de Luxembourg and Administration de l'enregistrement, des domaines et de la TVA v Navitours SARL.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Sixth Council Directive 77/388/EEC – Article 2(1) – Scope – Taxable transactions – Article 9(2)(b) – Place where transport services are supplied – Tourist trips on the Moselle – River subject to condominium status.#Case C-294/21.

European Union · Court of Justice of the European Union · 1 August 2022

Record· CJCELEX 62021CJ0319_SUMdecided

Judgment of the Court (Eighth Chamber) of 1 August 2022.#Agecontrol SpA v ZR and Lidl Italia Srl.#Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EC) No 1234/2007 – Packed fresh fruit and vegetables – Commission Implementing Regulation (EU) No 543/2011 – Conformity check – Transport to a point of sale of the same company – Accompanying document – Indication of country of origin.#Case C-319/21.

European Union · Court of Justice of the European Union · 1 August 2022

Record· CJCELEX 62021CJ0310_INFdecided

Judgment of the Court (Tenth Chamber) of 1 August 2022.#Aquind Ltd and Others v European Commission.#Appeal – Energy – Regulation (EU) No 347/2013 – Trans-European energy infrastructure – Projects of common interest of the European Union – Article 3(4) and Article 16 – Delegation of power to the European Commission – Article 290 TFEU – Delegated Regulation (EU) 2020/389 – Amendment of the list of projects of common interest of the Union – Act adopted by the Commission – Right of objection of the European Parliament and of the Council of the European Union – Time limit – Nature of the act before the expiry of that period.#Case C-310/21 P.

European Union · Court of Justice of the European Union · 1 August 2022

Record· CJCELEX 62021CJ0319decided

Judgment of the Court (Eighth Chamber) of 1 August 2022.#Agecontrol SpA v ZR and Lidl Italia Srl.#Request for a preliminary ruling from the Corte d'appello di Venezia.#Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EC) No 1234/2007 – Packed fresh fruit and vegetables – Commission Implementing Regulation (EU) No 543/2011 – Conformity check – Transport to a point of sale of the same company – Accompanying document – Indication of country of origin.#Case C-319/21.

European Union · Court of Justice of the European Union · 1 August 2022

Record· CJCELEX 62021CJ0294decided

Judgment of the Court (First Chamber) of 1 August 2022.#État du Grand-duché de Luxembourg and Administration de l'enregistrement, des domaines et de la TVA v Navitours SARL.#Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Sixth Council Directive 77/388/EEC – Article 2(1) – Scope – Taxable transactions – Article 9(2)(b) – Place where transport services are supplied – Tourist trips on the Moselle – River subject to condominium status.#Case C-294/21.

European Union · Court of Justice of the European Union · 1 August 2022

Record· CJCELEX 62021CJ0310decided

Judgment of the Court (Tenth Chamber) of 1 August 2022.#Aquind Ltd and Others v European Commission.#Appeal – Energy – Regulation (EU) No 347/2013 – Trans-European energy infrastructure – Projects of common interest of the European Union – Article 3(4) and Article 16 – Delegation of power to the European Commission – Article 290 TFEU – Delegated Regulation (EU) 2020/389 – Amendment of the list of projects of common interest of the Union – Act adopted by the Commission – Right of objection of the European Parliament and of the Council of the European Union – Time limit – Nature of the act before the expiry of that period.#Case C-310/21 P.

European Union · Court of Justice of the European Union · 1 August 2022

Record· CJCELEX 62020CJ0500_SUMdecided

Judgment of the Court (Fifth Chamber) of 14 July 2022.#ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion mbH.#Reference for a preliminary ruling – International agreements – Rail transport – Convention concerning International Carriage by Rail (COTIF) – Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (CUI) – Article 4 – Mandatory law – Article 8 – Liability of the manager – Article 19 – Other actions – Jurisdiction of the Court – Damage to locomotives belonging to the carrier resulting from a derailment – Lease of replacement locomotives – Obligation on the infrastructure manager to reimburse leasing costs – Contract extending the parties’ liability by a reference to national law.#Case C-500/20.

European Union · Court of Justice of the European Union · 14 July 2022

Record· CJCELEX 62020CJ0500decided

Judgment of the Court (Fifth Chamber) of 14 July 2022.#ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion mbH.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – International agreements – Rail transport – Convention concerning International Carriage by Rail (COTIF) – Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (CUI) – Article 4 – Mandatory law – Article 8 – Liability of the manager – Article 19 – Other actions – Jurisdiction of the Court – Damage to locomotives belonging to the carrier resulting from a derailment – Lease of replacement locomotives – Obligation on the infrastructure manager to reimburse leasing costs – Contract extending the parties’ liability by a reference to national law.#Case C-500/20.

European Union · Court of Justice of the European Union · 14 July 2022

Report· CCCELEX 62021CC0127decided

Opinion of Advocate General Rantos delivered on 14 July 2022.#American Airlines, Inc. v European Commission.#Appeal – Regulation (EC) No 139/2004 – Concentrations between undertakings – Air transport market – Concentration declared compatible with the internal market – Commitments entered into by the parties to the concentration – Decision granting grandfathering rights – Concept of ‘appropriate use’.#Case C-127/21 P.

European Union · Court of Justice of the European Union · 14 July 2022

Record· CJCELEX 62021CJ0308_SUMdecided

Judgment of the Court (Eighth Chamber) of 7 July 2022.#KU and Others v SATA International – Azores Airlines SA.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Compensation and assistance to passengers – Cancellation or long delay of flights – Article 5(3) – Exemption from the obligation to pay compensation – Extraordinary circumstances – Generalised failure of the aircraft refuelling system at the airport.#Case C-308/21.

European Union · Court of Justice of the European Union · 7 July 2022

Record· CJCELEX 62021CJ0013_SUMdecided

Judgment of the Court (Eighth Chamber) of 7 July 2022.#Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR).#Reference for a preliminary ruling – Road transport – Social legislation – Regulation (EC) No 561/2006 – Exceptions – Article 13(1)(b) – Notion of ‘a radius of up to 100 kilometres (km) from the base of the undertaking’ – Vehicles effecting carriage within and also outside of that radius.#Case C-13/21.

European Union · Court of Justice of the European Union · 7 July 2022

Record· CJCELEX 62021CJ0013decided

Judgment of the Court (Eighth Chamber) of 7 July 2022.#Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR).#Request for a preliminary ruling from the Judecătoria Miercurea Ciuc.#Reference for a preliminary ruling – Road transport – Social legislation – Regulation (EC) No 561/2006 – Exceptions – Article 13(1)(b) – Notion of ‘a radius of up to 100 kilometres (km) from the base of the undertaking’ – Vehicles effecting carriage within and also outside of that radius.#Case C-13/21.

European Union · Court of Justice of the European Union · 7 July 2022

Record· CJCELEX 62021CJ0308decided

Judgment of the Court (Eighth Chamber) of 7 July 2022.#KU and Others v SATA International – Azores Airlines SA.#Request for a preliminary ruling from the Tribunal Judicial da Comarca dos Açores.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Compensation and assistance to passengers – Cancellation or long delay of flights – Article 5(3) – Exemption from the obligation to pay compensation – Extraordinary circumstances – Generalised failure of the aircraft refuelling system at the airport.#Case C-308/21.

European Union · Court of Justice of the European Union · 7 July 2022

Report· CCCELEX 62021CC0042decided

Opinion of Advocate General Rantos delivered on 7 July 2022.#Lietuvos geležinkeliai AB v European Commission.#Appeal – Competition – Abuse of dominant position – Rail freight market – Decision finding an infringement of Article 102 TFEU – Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company – Removal of a section of railway track – Concept of ‘abuse’ – Actual or likely exclusion of a competitor – Exercise by the General Court of its powers of unlimited jurisdiction – Reduction of the fine.#Case C-42/21 P.

European Union · Court of Justice of the European Union · 7 July 2022

Record· TJCELEX 62020TJ0657_RESdecided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 22 June 2022.#Ryanair DAC v European Commission.#State aid – Finnish air-transport market – Aid granted by Finland to Finnair in the context of the COVID-19 pandemic – Recapitalisation of an airline by its public and private shareholders on a pro rata basis in proportion to the previously existing ownership structure – Decision not to raise any objections – Temporary Framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Derogation from certain requirements of the temporary framework – No weighing of the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons.#Case T-657/20.

European Union · Court of Justice of the European Union · 22 June 2022

Record· TJCELEX 62020TJ0657decided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 22 June 2022.#Ryanair DAC v European Commission.#State aid – Finnish air-transport market – Aid granted by Finland to Finnair in the context of the COVID-19 pandemic – Recapitalisation of an airline by its public and private shareholders on a pro rata basis in proportion to the previously existing ownership structure – Decision not to raise any objections – Temporary Framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Derogation from certain requirements of the temporary framework – No weighing of the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons.#Case T-657/20.

European Union · Court of Justice of the European Union · 22 June 2022

Record· CJCELEX 62019CJ0817decided

Judgment of the Court (Grand Chamber) of 21 June 2022.#Ligue des droits humains ASBL v Conseil des ministres.#Request for a preliminary ruling from the Cour constitutionnelle.#Reference for a preliminary ruling – Processing of personal data – Passenger Name Record (PNR) data – Regulation (EU) 2016/679 – Article 2(2)(d) – Scope – Directive (EU) 2016/681 – Use of PNR data of air passengers of flights operated between the European Union and third countries – Power to include data of air passengers of flights operated within the European Union – Automated processing of those data – Retention period – Fight against terrorist offences and serious crime – Validity – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 21 as well as Article 52(1) – National legislation extending the application of the PNR system to other transport operations within the European Union – Freedom of movement within the European Union – Charter of Fundamental Rights – Article 45.#Case C-817/19.

European Union · Court of Justice of the European Union · 21 June 2022

Record· CJCELEX 62019CJ0817_RESdecided

Judgment of the Court (Grand Chamber) of 21 June 2022.#Ligue des droits humains ASBL v Conseil des ministres.#Reference for a preliminary ruling – Processing of personal data – Passenger Name Record (PNR) data – Regulation (EU) 2016/679 – Article 2(2)(d) – Scope – Directive (EU) 2016/681 – Use of PNR data of air passengers of flights operated between the European Union and third countries – Power to include data of air passengers of flights operated within the European Union – Automated processing of those data – Retention period – Fight against terrorist offences and serious crime – Validity – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 21 as well as Article 52(1) – National legislation extending the application of the PNR system to other transport operations within the European Union – Freedom of movement within the European Union – Charter of Fundamental Rights – Article 45.#Case C-817/19.

European Union · Court of Justice of the European Union · 21 June 2022

Record· CJCELEX 62021CJ0229_SUMdecided

Judgment of the Court (Fifth Chamber) of 16 June 2022.#Port de Bruxelles and Région de Bruxelles-Capitale v Infrabel SA.#Reference for a preliminary ruling – Trans-European transport network – Regulation (EU) No 1315/2013 – Article 15(1) – Inland waterways transport infrastructure – Inland ports – Obligation of a Member State to connect inland ports with road or rail transport infrastructure – Removal of the connection with one of those two types of transport infrastructure – Conditions.#Case C-229/21.

European Union · Court of Justice of the European Union · 16 June 2022

Record· CJCELEX 62021CJ0229decided

Judgment of the Court (Fifth Chamber) of 16 June 2022.#Port de Bruxelles and Région de Bruxelles-Capitale v Infrabel SA.#Request for a preliminary ruling from the Cour d'appel de Bruxelles.#Reference for a preliminary ruling – Trans-European transport network – Regulation (EU) No 1315/2013 – Article 15(1) – Inland waterways transport infrastructure – Inland ports – Obligation of a Member State to connect inland ports with road or rail transport infrastructure – Removal of the connection with one of those two types of transport infrastructure – Conditions.#Case C-229/21.

European Union · Court of Justice of the European Union · 16 June 2022

Report· CCCELEX 62021CC0243decided

Opinion of Advocate General Collins delivered on 9 June 2022.#'TOYA' sp. z o.o. and Polska Izba Informatyki i Telekomunikacji v Prezes Urzędu Komunikacji Elektronicznej.#Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.#References for a preliminary ruling – Telecommunications – Directive 2002/19/EC (the Access Directive) – Article 8(3) – Directive 2014/61/EU – Article 1(3) and (4), and Article 3(5) – Power of the national regulatory authority to impose ex ante regulatory conditions relating to access to the physical infrastructure of a network operator not having significant market power – No dispute relating to access.#Case C-243/21.

European Union · Court of Justice of the European Union · 9 June 2022

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