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151 records in EU in 2023

Records

Record· CJCELEX 62022CJ0049_SUMdecided

Judgment of the Court (Third Chamber) of 8 June 2023.#Austrian Airlines AG v TW.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(1)(a) – Cancellation of a flight – Article 8(1) – Obligation to provide assistance – Concept of ‘re-routing’ – Compensation for air passengers in the event of cancellation of a flight – COVID‑19 pandemic – Repatriation flight organised by a Member State in the context of consular assistance – Flight operated by the same operating air carrier and at the same time as the cancelled flight – Costs to be borne by the passenger in excess of the net costs of that flight.#Case C-49/22.

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

Record· CJCELEX 62021CJ0050_RESdecided

Judgment of the Court (First Chamber) of 8 June 2023.#Prestige and Limousine, S.L. v Área Metropolitana de Barcelona and Others.#Reference for a preliminary ruling – Article 49 TFEU – Article 107(1) TFEU – Private-hire vehicles (PHVs) – Licencing scheme involving the issue, in addition to a licence to provide urban and interurban transport services throughout the national territory, of a second operating licence in order to be able to provide urban transport services in a metropolitan area – Limitation of the number of licences for PHV services to one thirtieth of the licences for taxi services.#Case C-50/21.

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

Record· CJCELEX 62021CJ0050decided

Judgment of the Court (First Chamber) of 8 June 2023.#Prestige and Limousine, S.L. v Área Metropolitana de Barcelona and Others.#Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña.#Reference for a preliminary ruling – Article 49 TFEU – Article 107(1) TFEU – Private-hire vehicles (PHVs) – Licencing scheme involving the issue, in addition to a licence to provide urban and interurban transport services throughout the national territory, of a second operating licence in order to be able to provide urban transport services in a metropolitan area – Limitation of the number of licences for PHV services to one thirtieth of the licences for taxi services.#Case C-50/21.

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

Record· CJCELEX 62022CJ0049decided

Judgment of the Court (Third Chamber) of 8 June 2023.#Austrian Airlines AG v TW.#Request for a preliminary ruling from the Landesgericht Korneuburg.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(1)(a) – Cancellation of a flight – Article 8(1) – Obligation to provide assistance – Concept of ‘re-routing’ – Compensation for air passengers in the event of cancellation of a flight – COVID‑19 pandemic – Repatriation flight organised by a Member State in the context of consular assistance – Flight operated by the same operating air carrier and at the same time as the cancelled flight – Costs to be borne by the passenger in excess of the net costs of that flight.#Case C-49/22.

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

Decision· DCELEX 32023D0983in force

Council Decision (EU) 2023/983 of 15 May 2023 on the position to be adopted on behalf of the European Union within the Group of Experts of the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), within the Working Party on Road Transport of the United Nations Economic Commission for Europe and, if relevant, in relation to a communication by the United Nations Secretary-General pursuant to Article 21(1) of the AETR, as regards an amendment to introduce a ‘force majeure’ clause

European Union · EUR-Lex · 15 May 2023

Record· CJCELEX 62022CJ0155decided

Judgment of the Court (Second Chamber) of 11 May 2023.#RE v Bezirkshauptmannschaft Lilienfeld.#Request for a preliminary ruling from the Landesverwaltungsgericht Niederösterreich.#Reference for a preliminary ruling – Road transport – Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator – Regulation (EC) No 1071/2009 – Articles 6 and 22 – National legislation permitting the transfer of criminal responsibility for serious infringements regarding the driving time and rest periods of drivers – Failure to take into account the penalties imposed for infringements when assessing the good repute of a road transport undertaking.#Case C-155/22.

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

Record· CJCELEX 62022CJ0156decided

Judgment of the Court (Third Chamber) of 11 May 2023.#TAP Portugal v flightright GmbH and Myflyright GmbH.#Requests for a preliminary ruling from the Landgericht Stuttgart.#References for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Compensation to air passengers in the event of cancellation of flights – Article 5(3) – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Unexpected absence, due to illness or death, of a crew member whose presence is essential to the operation of the flight.#Joined Cases C-156/22 to C-158/22.

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

Report· CCCELEX 62022CC0066decided

Opinion of Advocate General Campos Sánchez-Bordona delivered on 11 May 2023.#Infraestruturas de Portugal, SA and Futrifer Indústrias Ferroviárias, SA v Toscca - Equipamentos em Madeira Lda.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Point (d) of the first subparagraph of Article 57(4) – Award of public contracts in the transport sector – Directive 2014/25/EU – Article 80(1) – Facultative grounds for exclusion – Obligation to transpose – Economic operator entering into agreements aimed at distorting competition – Competence of the contracting authority – Impact of an earlier decision of a competition authority – Principle of proportionality – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Principle of sound administration – Obligation to state reasons.#Case C-66/22.

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

Record· TJCELEX 62021TJ0238decided

Judgment of the General Court (Tenth Chamber) of 10 May 2023.#Ryanair DAC v European Commission.#State aid – Danish and Swedish air transport markets – Aid granted by Denmark and Sweden to an airline in the context of the COVID-19 pandemic – Recapitalisation of SAS – Decision not to raise any objections – Actions for annulment – Individual concern – Substantial effect on the competitive position – Admissibility – Temporary Framework for State aid measures – Aid to remedy a serious disturbance in the economy of a Member State – Compliance with the requirements of the Temporary Framework.#Case T-238/21.

European Union · Court of Justice of the European Union · 10 May 2023

Record· TJCELEX 62021TJ0238_INFdecided

Judgment of the General Court (Tenth Chamber) of 10 May 2023.#Ryanair DAC v European Commission.#State aid – Danish and Swedish air transport markets – Aid granted by Denmark and Sweden to an airline in the context of the COVID-19 pandemic – Recapitalisation of SAS – Decision not to raise any objections – Actions for annulment – Individual concern – Substantial effect on the competitive position – Admissibility – Temporary Framework for State aid measures – Aid to remedy a serious disturbance in the economy of a Member State – Compliance with the requirements of the Temporary Framework.#Case T-238/21.

European Union · Court of Justice of the European Union · 10 May 2023

Record· TJCELEX 62021TJ0034_RESdecided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 10 May 2023.#Ryanair DAC and Condor Flugdienst GmbH v European Commission.#State aid – German air transport market – Aid granted by Germany to an airline in the context of the COVID-19 pandemic – Recapitalisation of Deutsche Lufthansa – Decision not to raise any objections – Temporary Framework for State aid measures – Actions for annulment – Locus standi – Substantial effect on competitive position – Admissibility – Significant market power – Additional measures to preserve effective competition on the market – Obligation to state reasons.#Joined Cases T-34/21 and T-87/21.

European Union · Court of Justice of the European Union · 10 May 2023

Record· TJCELEX 62021TJ0034decided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 10 May 2023.#Ryanair DAC and Condor Flugdienst GmbH v European Commission.#State aid – German air transport market – Aid granted by Germany to an airline in the context of the COVID-19 pandemic – Recapitalisation of Deutsche Lufthansa – Decision not to raise any objections – Temporary Framework for State aid measures – Actions for annulment – Locus standi – Substantial effect on competitive position – Admissibility – Significant market power – Additional measures to preserve effective competition on the market – Obligation to state reasons.#Joined Cases T-34/21 and T-87/21.

European Union · Court of Justice of the European Union · 10 May 2023

Record· CJCELEX 62021CJ0775_SUMdecided

Judgment of the Court (Sixth Chamber) of 20 April 2023.#Blue Air Aviation SA v UCMR – ADA Asociaţia pentru Drepturi de Autor a Compozitorilor and Uniunea Producătorilor de Fonograme din România (UPFR) v Societatea Naţională de Transport Feroviar de Călători (SNTFC) 'CFR Călători' SA.#Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) – Communication to the public – Concept – Broadcasting of background music – Directive 2006/115/EC – Article 8(2) – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public.#Joined Cases C-775/21 and C-826/21.

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

Report· CCCELEX 62022CC0246decided

Opinion of Advocate General Richard de la Tour delivered on 20 April 2023.#Staatsanwaltschaft Köln and Bundesamt für Güterverkehr v BW.#Request for a preliminary ruling from the Amtsgericht Köln.#Reference for a preliminary ruling – Transport operations – Combined transport of goods between Member States – Directive 92/106/EEC – International carriage of goods by road – Regulation (EC) No 1072/2009 – Transport of empty containers before loading or after unloading of goods in the context of combined transport – Non-applicability of the provisions relating to cabotage operations.#Case C-246/22.

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

Report· DCCELEX 52023DC0183open

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation in 2019-2020 of Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities (31st report from the Commission on the implementation of the social legislation relating to road transport), and on controls preformed under Council Directive 96/53/EC laying down for heavy-duty vehicles the maximum authorized dimensions and the maximum authorized weights

European Union · European Commission · 4 April 2023

Record· TJCELEX 62021TJ0142_RESdecided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 29 March 2023 (Extracts).#Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) v European Commission.#State aid – Romanian air transport market – Aid granted by Romania to Blue Air in the context of the COVID-19 pandemic – Blue Air rescue aid – Loan guaranteed by the Romanian State – Decision not to raise any objections – Action for annulment – Aid intended to make good the damage caused by an exceptional occurrence – Article 107(2)(b) TFEU – Assessment of the damage – Causal link – Beneficiary’s pre-existing difficulties – Taking avoidable costs into account – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Article 107(3)(c) TFEU – Contribution of the aid to an objective of common interest – ‘One time, last time’ condition for rescue aid – Principle of non-discrimination – Freedom to provide services – Freedom of establishment – Obligation to state reasons.#Case T-142/21.

European Union · Court of Justice of the European Union · 29 March 2023

Record· TJCELEX 62021TJ0142decided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 29 March 2023 (Extracts).#Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) v European Commission.#State aid – Romanian air transport market – Aid granted by Romania to Blue Air in the context of the COVID-19 pandemic – Blue Air rescue aid – Loan guaranteed by the Romanian State – Decision not to raise any objections – Action for annulment – Aid intended to make good the damage caused by an exceptional occurrence – Article 107(2)(b) TFEU – Assessment of the damage – Causal link – Beneficiary’s pre-existing difficulties – Taking avoidable costs into account – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Article 107(3)(c) TFEU – Contribution of the aid to an objective of common interest – ‘One time, last time’ condition for rescue aid – Principle of non-discrimination – Freedom to provide services – Freedom of establishment – Obligation to state reasons.#Case T-142/21.

European Union · Court of Justice of the European Union · 29 March 2023

Decision· DCELEX 32023D0684in force

Council Decision (EU) 2023/684 of 20 March 2023 on the signing, on behalf of the Union, and provisional application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, and on the signing, on behalf of the Union, and provisional application of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part

European Union · EUR-Lex · 20 March 2023

Proposal· PCCELEX 52023PC0144open

Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Union in the Group of Experts of the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), in the Working Party on Road Transport of the United Nations Economic Commission for Europe and, as appropriate, in relation to the notification by the UN Secretary-General pursuant to Article 21(1) of the AETR.

European Union · European Commission · 20 March 2023

Report· CCCELEX 62021CC0671decided

Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 March 2023.#UAB „Gargždų geležinkelis“ v Lietuvos transporto saugos administracija and Others.#Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas.#Reference for a preliminary ruling – Single European railway area – Directive 2012/34/EU – Allocation of railway infrastructure capacity – Article 45 – Scheduling – Article 46 – Coordination process – Article 47 – Congested infrastructure – Prioritisation of specific services – Priority criteria – National legislation providing for priority rules linked to the intensity of the use of the infrastructure.#Case C-671/21.

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

Report· CCCELEX 62021CC0209decided

Opinion of Advocate General Pitruzzella delivered on 16 March 2023.#Ryanair DAC v European Commission.#Appeal – State aid – Article 107(3)(b) TFEU – Swedish air transport market – Aid scheme notified by the Kingdom of Sweden – Loan guarantees to support airlines amid the COVID-19 pandemic – Temporary Framework for State aid measures – Decision by the European Commission not to raise objections – Aid intended to remedy a serious disturbance in the economy – Principles of proportionality and non-discrimination – Free provision of services.#Case C-209/21 P.

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

Record· CJCELEX 62021CJ0127decided

Judgment of the Court (Third Chamber) of 16 March 2023.#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 · 16 March 2023

Record· CJCELEX 62021CJ0127_SUMdecided

Judgment of the Court (Third Chamber) of 16 March 2023.#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 · 16 March 2023

Record· COCELEX 62022CO0607_SUMdecided

Order of the Court (Eighth Chamber) of 10 March 2023.#Eurowings GmbH v flightright GmbH.#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 denied boarding and of cancellation or long delay of flights – Article 2 – Concept of ‘operating air carrier’ – Flight booked through a tour operator – Allegedly non-existent flight.#Case C-607/22.

European Union · Court of Justice of the European Union · 10 March 2023

Record· COCELEX 62022CO0607decided

Order of the Court (Eighth Chamber) of 10 March 2023.#Eurowings GmbH v flightright GmbH.#Request for a preliminary ruling from the Landgericht Düsseldorf.#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 denied boarding and of cancellation or long delay of flights – Article 2 – Concept of ‘operating air carrier’ – Flight booked through a tour operator – Allegedly non-existent flight.#Case C-607/22.

European Union · Court of Justice of the European Union · 10 March 2023

Decision· DCELEX 32023D0568in force

Council Decision (EU) 2023/568 of 9 March 2023 on the position to be taken on behalf of the Union in the 228th session of the Council of the International Civil Aviation Organization (ICAO) as regards the adoption of Amendment 93 to Annex 10 – Aeronautical Telecommunications, Volume I – Radio Navigation Aids of the Convention on International Civil Aviation and of the amendment to the Technical instructions for the safe transport of dangerous goods by air to permit active tracking devices powered by small lithium batteries in checked baggage

European Union · EUR-Lex · 9 March 2023

Record· CJCELEX 62021CJ0571_SUMdecided

Judgment of the Court (Fifth Chamber) of 9 March 2023.#RWE Power Aktiengesellschaft v Hauptzollamt Duisburg.#Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 14(1)(a) – Second and third sentences of Article 21(3) – Electricity used to produce electricity and to maintain the ability to produce electricity – Exemption – Scope – Opencast mining operations – Electricity used in order to operate fuel bunkers and means of transport.#Case C-571/21.

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

Record· CJCELEX 62021CJ0571decided

Judgment of the Court (Fifth Chamber) of 9 March 2023.#RWE Power Aktiengesellschaft v Hauptzollamt Duisburg.#Request for a preliminary ruling from the Finanzgericht Düsseldorf.#Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 14(1)(a) – Second and third sentences of Article 21(3) – Electricity used to produce electricity and to maintain the ability to produce electricity – Exemption – Scope – Opencast mining operations – Electricity used in order to operate fuel bunkers and means of transport.#Case C-571/21.

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

Record· CJCELEX 62021CJ0410_RESdecided

Judgment of the Court (Second Chamber) of 2 March 2023.#Criminal proceedings against FU and Others.#Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EC) No 987/2009 – Article 5 – A1 certificate – Provisional withdrawal – Binding effect – Certificate fraudulently obtained or relied on – Regulation (EC) No 883/2004 – Article 13(1)(b)(i) – Persons normally pursuing an activity as an employed person in two or more Member States – Applicability of the legislation of the Member State in which the registered office is situated – Concept of ‘registered office’ – Undertaking which has obtained a Community licence for transport under Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 – Effect – Licence fraudulently obtained or relied on.#Joined Cases C-410/21 and C-661/21.

European Union · Court of Justice of the European Union · 2 March 2023

Record· CJCELEX 62021CJ0410decided

Judgment of the Court (Second Chamber) of 2 March 2023.#Criminal proceedings against FU and Others.#Requests for a preliminary ruling from the Hof van Cassatie.#Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EC) No 987/2009 – Article 5 – A1 certificate – Provisional withdrawal – Binding effect – Certificate fraudulently obtained or relied on – Regulation (EC) No 883/2004 – Article 13(1)(b)(i) – Persons normally pursuing an activity as an employed person in two or more Member States – Applicability of the legislation of the Member State in which the registered office is situated – Concept of ‘registered office’ – Undertaking which has obtained a Community licence for transport under Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 – Effect – Licence fraudulently obtained or relied on.#Joined Cases C-410/21 and C-661/21.

European Union · Court of Justice of the European Union · 2 March 2023

Record· CJCELEX 62021CJ0666_SUMdecided

Judgment of the Court (Third Chamber) of 2 March 2023.#A v Åklagarmyndigheten.#Reference for a preliminary ruling – Road transport – Regulation (EC) No 561/2006 – Scope – Article 2(1)(a) – Article 3(h) – Notion of ‘carriage by road of goods’ – Notion of ‘maximum permissible mass’ – Vehicle fitted out as a temporary private living space and for the non-commercial loading of goods – Regulation (EU) No 165/2014 – Tachographs – Article 23(1) – Requirement for regular inspections by approved workshops.#Case C-666/21.

European Union · Court of Justice of the European Union · 2 March 2023

Report· CCCELEX 62022CC0049decided

Opinion of Advocate General Emiliou delivered on 2 March 2023.#Austrian Airlines AG v TW.#Request for a preliminary ruling from the Landesgericht Korneuburg.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(1)(a) – Cancellation of a flight – Article 8(1) – Obligation to provide assistance – Concept of ‘re-routing’ – Compensation for air passengers in the event of cancellation of a flight – COVID‑19 pandemic – Repatriation flight organised by a Member State in the context of consular assistance – Flight operated by the same operating air carrier and at the same time as the cancelled flight – Costs to be borne by the passenger in excess of the net costs of that flight.#Case C-49/22.

European Union · Court of Justice of the European Union · 2 March 2023

Record· CJCELEX 62021CJ0666decided

Judgment of the Court (Third Chamber) of 2 March 2023.#A v Åklagarmyndigheten.#Request for a preliminary ruling from the Hovrätten för Nedre Norrland.#Reference for a preliminary ruling – Road transport – Regulation (EC) No 561/2006 – Scope – Article 2(1)(a) – Article 3(h) – Notion of ‘carriage by road of goods’ – Notion of ‘maximum permissible mass’ – Vehicle fitted out as a temporary private living space and for the non-commercial loading of goods – Regulation (EU) No 165/2014 – Tachographs – Article 23(1) – Requirement for regular inspections by approved workshops.#Case C-666/21.

European Union · Court of Justice of the European Union · 2 March 2023

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